Giving Tuesday was created in 2012 by the team at the Belfer Center for Innovation & Social Impact at the 92nd Street Y (New York City) along with the United Nations Foundation. Last year, over 45,000 partners in 71 countries participated in Giving Tuesday and nearly $117 million was raised online for nonprofits in the United States alone. It is a day for people and organizations to give and for nonprofits to reach out for your support and giving.

MORE ABOUT GIVING TUESDAY

As stated on GivingTuesday.org:

#GivingTuesday connects diverse groups of individuals, communities and organizations around the world for one common purpose: to celebrate and encourage giving … #GivingTuesday harnesses the potential of social media and the generosity of people around the world to bring about real change in their communities; it provides a platform for them to encourage the donation of time, resources and talents to address local challenges. It also brings together the collective power of a unique blend of partners- nonprofits, civic organizations, businesses and corporations, as well as families and individuals – to encourage and amplify small acts of kindness.

Learn more about Giving Tuesday on GivingTuesday.org.

WHAT CAN YOU DO?

What can you do to participate in Giving Tuesday? There are a number of ways to participate in Giving Tuesday and help nonprofits and charity organizations. Some examples provided by GivingTuesday.org are:

• Raise Funds;
• Volunteer;
• Collaborate;
• Get Social; and
• Give More.

While every charity and organization can use more money, there are other ways to give. “Giving” is not just about money; it is giving of your money, time, skills or resources.

There are many local, state and federal organizations and nonprofits that need your giving. Giving to your favorite cause, charity or organization is always a good place to start. When giving, especially of your money, make sure the charity is legitimate and that your giving will have an impact. Here are some guidelines to help make sure you are giving to a worthy charity or nonprofit:

• Do you believe in its mission?
• Is it legitimate?
• How will your donation be used?
• Is it registered with the Internal Revenue Service as a tax-exempt organization?

A couple of sites you can use to research organizations include: GuideStar; CharityNavigator; CharityWatch; and GiveWell.

CONCLUSION

People and charities need your support year-round — not just on Giving Tuesday. Giving should be a yearlong activity for individuals, families, businesses and organizations.  However, today would be a great day to give, whether it is money, time, your skills or resources.

Please join Lapin Law Offices in celebrating and promoting giving on this Giving Tuesday 2016.

The post Giving Tuesday 2016 first appeared on Lincoln Personal Injury Lawyers.

This post will discuss the National Wear Red Day and Heart Truth^® campaign, what heart disease is as well as statistics, risk factors and prevention. 

NATIONAL WEAR RED DAY AND THE HEART TRUTH CAMPAIGN

National Wear Red Day is part of The Heart Truth campaign whose goal is to “put a face on heart disease” and motivate women and health professionals to take heart health seriously and engage in action to reduce women’s risk of heart disease. This campaign seeks to:

• Increase awareness that heart disease is the #1 killer of women;
• Increase awareness that having risk factors can lead to heart disease, disability, or death; and
• Encourage women to talk to their doctors about heart disease risk factors and to take action to prevent or control these risk factors.

The logo for The Heart Truth campaign is The Red Dress^®.  The message it is intended to convey is to: Link a woman’s focus on her “outer self” to the need to also focus on her “inner self,” especially her heart health. The Red Dress serves as a red alert to convey the message that “Heart Disease Doesn’t Care What You Wear—It’s the #1 Killer of Women.^®”

Women are encouraged to wear red dresses or clothing today while, for men, red clothing or red ties.

WHAT IS HEART DISEASE?

As defined by the AHA, “Heart disease,” also called coronary heart disease, is: “A simple term used to describe several problems related to plaque buildup in the walls of the arteries, or atherosclerosis.” Some common types of heart disease include:

• Heart Attack
• Stroke
• Transient Ischemic Attack (TIA)
• Heart Failure (congestive heart failure);
• Arrhythmia
• Heart Valve Problems
• Hypertension (High Blood Pressure)
• Hardening of the Arteries (atherosclerosis)

To determine whether you have heart disease, and the type, diagnostic testing is usually required.

WOMEN’S HEART DISEASE STATISTICS

The AHA’s site, goredforwomen.org, provides some scary statistics for women about heart disease. These include:

• Heart disease is the No. 1 killer of women;
• Heart disease is more deadly than all forms of cancer combined;
• Heart disease causes 1 in 3 women’s deaths each year
• Heart disease kills approximately one woman every minute;
• An estimated 43 million women in the United States are affected by heart disease;
• 90% of women have one or more risk factors for developing heart disease;
• Since 1984, more women than men have died each year from heart disease;
• The symptoms of heart disease may be different in women and men;
• The symptoms of heart disease are often misunderstood;
• Only 1 in 5 American women believe that heart disease is her greatest health threat;
• Women comprise only 24% of participants in all heart-related studies; and
• The risks of developing heart disease for Hispanic and African American women are even higher than Caucasian women.

Although today is focused on women and heart health, the statistics for men and heart disease are equally troubling. According to the Centers for Disease Control and Prevention (CDC):

• 1 out of every 4 male deaths were caused by heart disease;
• Heart disease is the leading cause of death for men of most racial/ethnic groups in the United States, including African Americans, American Indians or Alaska Natives, Hispanics, and whites. For Asian American or Pacific Islander men, heart disease is second only to cancer;
• About 8.5% of all white men, 7.9% of African American men, and 6.3% of Mexican American men have coronary heart disease;
• 50% of men who die suddenly of coronary heart disease have no previous symptoms; and
• Between 70% and 89% of sudden cardiac events occur in men.

These statistics should bring awareness to the problems of heart disease for everyone.

RISK FACTORS FOR HEART DISEASE

According to the NHLBI, the risk factors for heart disease include:

• High blood pressure;
• High blood cholesterol;
• Diabetes and prediabetes;
• Smoking;
• Overweight/obesity;
• Physical inactivity;
• Family history of early coronary heart disease;
• A history of preeclampsia during pregnancy;
• Unhealthy diet; and
• Age (for women, 55 and older).

The infographic, Are You at Risk for Heart Disease?, from the NHLBI, also lists some of the items that increases a woman’s risk of developing heart disease.

Many of these risk factors are the same for men.

WHAT YOU CAN DO TO PREVENT HEART DISEASE

The CDC and other organizations suggest the following to prevent heart disease: Live a healthy lifestyle; and Prevent or treat your medical conditions. More specific recommendations include:

• Eat a healthy diet;
• Maintain a healthy weight;
• Exercise regularly;
• Do not smoke;
• Limit alcohol use;
• Manage stress; and
• Monitor and check your blood pressure and cholesterol.

As part of National Wear Red Day, HHS suggests people take action and pledge to commit to the following, many of which are included above:

• Don’t smoke and, if you do, quit. Talk with your health care provider about programs and products that can help you quit smoking;
• Aim for a healthy weight – it is important for a long, vigorous life;
• Get moving – make a pledge to be more physically active;
• Plan to eat heart healthy – limit saturated and trans fats, cholesterol, sodium (salt), and added sugars;
• Learn how to manage stress and relax; and
• Talk to your doctor about your personal risks.

When talking to your doctor, here are some questions the Center for Disease Control and Prevention (CDC) suggests you might want to consider asking:

1. What is my risk for heart disease?
2. What is my blood pressure? What does it mean for me, and what do I need to do about it?
3. What are my cholesterol numbers? (These include total cholesterol, LDL or “bad” cholesterol, HDL or “good” cholesterol, and triglycerides.) What do they mean for me, and what do I need to do about them?
4. What is my “body mass index” and waist measurement? Do they indicate that I need to lose weight for my health?
5. What is my blood sugar level, and does it mean I’m at risk for diabetes?
6. What other screening tests for heart disease do I need? How often should I return for checkups for my heart health?
7. What can you do to help me quit smoking?
8. How much physical activity do I need to help protect my heart?
9. What is a heart-healthy eating plan for me? Should I see a registered dietitian or qualified nutritionist to learn more about healthy eating?
10. How can I tell if I’m having a heart attack?

These questions are not limited to women; men should be asking the same questions of their doctors.

SOURCES AND NOTICES

Information and some of the images for this post are from the following sources:

• American Heart Association:
  • What is Cardiovascular Disease?
  • What is heart disease?
• Centers for Disease Control and Prevention:
  • Men and Heart Disease Fact Sheet
  • Prevention: What You Can Do
  • Women and Heart Disease Prevention
• Go Red For Women: Heart Disease Statistics at a Glance
• National Heart, Lung, and Blood Institute:
  • Are You at Risk for Heart Disease? [Infographic]
  • The Heart Truth^® Campaign: Serious Messages about Women and Heart Disease
  • The Heart Truth^® Logo
  • The Heart Truth^® Program Overview
• Monique Ndenecho / United States Department of Health and Human Services: National Wear Red Day^®: Protect Your Heart Health

The following notices are required for usage of some of the phrases in this post and images in this post due to trademark and other issues:

• “National Wear Red Day” is a registered trademark of HHS and the American Heart Association.
• “Heart Disease Doesn’t Care What You Wear—It’s the #1 Killer of Women” is a registered trademark of the U.S. Department of Health and Human Services.
• “The Heart Truth” is a registered trademark of the U.S. Department of Health and Human Services.
• “The Heart Truth” logo is a registered trademark of the U.S. Department of Health and Human Services
• “The Red Dress” and “Red Dress” is a registered trademark of the U.S. Department of Health and Human Services.
• Participation by Lapin Law Offices in in promoting The Heart Truth campaign or National Wear Red Day does not imply endorsement by HHS/NIH/NHLBI.

The information contained within this post is for informational purposes only. It should not to be used or relied on for any diagnostic or treatment purposes nor as a substitute for professional diagnosis and treatment. Please consult your health care provider before making any healthcare decisions or for guidance about a specific medical condition.

LAPIN LAW OFFICES

Lapin Law Offices supports National Wear Red Day and the Heart Truth campaign and encourages everyone to wear red, and more importantly, help reduce the number of deaths caused by heart disease, both for women and men, through education and action.

The post Today is National Wear Red Day first appeared on Lincoln Personal Injury Lawyers.

Lapin Law Offices celebrates its 6th Anniversary on December 15, 2014. Our focus and motto, which began from our inception, is to be the Nebraska law office that is: Caring, Passionate and Dedicated. That is how we have and will continue to represent each and every client. We, as a firm as well as individually, had a number of highlights in 2014.

We would like to thank our clients, friends and family for helping us reach this 6-year anniversary. We look forward to 2015 and will continue representing injured, abused and disabled Nebraskans as well as achieving other professional and personal goals and highlights.

REVIEW OF OUR 2014 HIGHLIGHTS

Lapin Law Offices, as a firm and individually, had a number of highlights in 2014. One thing that has not changed is our commitment to representing injured, abused and disabled Nebraskans with caring, passion and dedication.

LAPIN LAW OFFICES HIGHLIGHTS

In terms of newsworthy cases, Lapin Law Offices was extremely proud of its efforts in representing the Estate of Joyce Meeks in its claims against the State of Nebraska and other defendants. Our representation began in 2013 and concluded in 2014. Lapin Law Offices was co-counsel with Chicago attorney Timothy Cavanagh of Cavanagh Law Group. Jeremy Dobbe killed Joyce Meeks in a vehicle crash in 2013. Mr. Dobbe was driving a Nebraska Department of Corrections van, under the Inmate Van Driver Program, at the time of the fatal crash. This Program permitted inmates to drive a correctional facility-owned vehicle. On June 25, 2013, while Dobbe was driving the vehicle, possibly under the influence of an illegal drug, crashed the van into a vehicle driven by Joyce Meeks at the intersection of Van Dorn and South 18th Streets in Lincoln, Nebraska. Joyce Meeks was married to Leonard Meeks, had three children, and was caring for three of her grandchildren. She died at the scene. Shortly after the crash, Nebraska’s Governor, Dave Heineman, terminated the Inmate Van Driver Program.

Photo by Kristin Streff/ Lincoln Journal Star

As this case involved the State of Nebraska, a claim had to be brought under the Nebraska State Tort Claims Act. The Tort Claim was filed on July 18, 2013. After six months had expired, as required by the Act, a lawsuit was initiated as the State of Nebraska failed to act on the Tort Claim. The parties agreed to mediate the case in an effort to get it resolved. Ultimately, the parties agreed to settle the Tort Claim for $2 million dollars. District Court approval was obtained on April 10, 2014, and Legislative Bill 949, in the 103rd Legislature, was passed on March 24, 2014, and approved by the Governor on March 29, 2014.

Local news did a number of articles and stories about Joyce Meeks death, Mr. Dobbe and the Inmate Driving Program and other information. Some relevant articles from the Lincoln Journal Star include:

• State prison inmate was driving van in fatal crash | By: Jonathan Edwards and Nicholas Bergin
• Prison system to evaluate inmate driving policy after fatal crash | By: Jonathan Edwards
• Prison system suspends inmate van driver program after fatal crash | By: Jonathan Edwards
• Corrections director’s remarks on inmate van driver program | By: Journal Star Staff
• Family seeking $5 million from state after death involving inmate driver | By: Jonathan Edwards
• Family sues state, inmate van driver over fatal crash | By: Lori Pilger
• State agrees to pay $2M for fatal prison van crash | By: Lori Pilger
• Inmate driver gets near-maximum sentence; victim’s husband ‘thankful it’s over with’ | By: Riley Johnson

Other relevant documents related to the Joyce Meeks case include:

• Complaint
• Order dated April 10, 2014
• Slip Law Copy of Legislative Bill 949 from 103rd Legislature

Patrick Driver and I were able to help a number of consumers against debt collectors who had violated their rights under the Fair Debt Collection Practices Act (FDCPA). In many cases, we were able to get the debt collectors to stop all collection efforts as well as pay our clients damages for violations of the FDCPA.

Lapin Law Offices received a number of very positive reviews, some of which we posted on our website and others which were posted on social media. Some of these online reviews include:

From Arizona attorney James Edward Novak:

I highly recommend Lapin Law Offices to anyone who needs representation that has been the victim of a serious injury in Lincoln Nebraska. Jeffrey Lapin and his team at Lapin Law Offices are dedicated, professional and compassionate. Jeffrey Lapin is a true victim’s advocate, who is committed to being their voice and resolve in their injury matter. He understands and cares about the challenges, and losses suffered by victims due to another’s negligence or wrongdoing. He works hard to resolve the matter for the possible results for his clients. He is the only attorney I would call if I was in need of a personal injury attorney in Lincoln Nebraska.

(Source Link: https://www.facebook.com/100008149544605/activity/1496759803938990)

From Philadelphia attorney Brian Fishman

Lapin Law Offices is the class of Nebraska personal injury law firms. Jeffrey Lapin and his team handle all matters of personal injury law including car and motorcycle accidents, slip & falls, workers compensation and medical malpractice. If you have been injured due to the negligence of another in Nebraska, your first call should be to Lapin Law Offices.

In addition, they protect consumers against debt collectors and their unfair and harassing practices. I can’t recommend Lapin Law Offices more highly. Mr. Lapin and his staff will treat you and your family with compassion, empathy and care.

(Source Link: https://www.facebook.com/fishmanlaw/activity/837604289587550)

From St. Louis attorney Christopher Hoffman

I highly recommend the Lapin Law Offices. If you are looking for an attorney, this law firm is excellent. Jeff is a dedicated lawyer and goes the extra distance for his personal injury and car accident clients. Great person and great lawyer. This is a choice you will not regret.

Source: Google+

JEFFREY LAPIN PROFESSIONAL HIGHLIGHTS

I had a number of professional highlights in 2014. Some of the more noteworthy ones include:

I was selected as a 2014 Great Plains Super Lawyer. SuperLawyers.com, which lists the Super Lawyers, describes itself and the process used to select lawyers:

WHAT IS SUPER LAWYERS

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

Selection Process

Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.

The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys.

The Super Lawyers patented selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.

(Source: http://www.superlawyers.com/about/selection_process.html)

Jeffrey Lapin’s Super Lawyers profile

I am proud that I was nominated and selected by Super Lawyers.

Another personal achievement was achieving a 10.0 Superb rating on Avvo, which is a popular legal Q&A forum and directory. As described by Avvo:

What is the Avvo Rating?

The Avvo Rating is our effort to evaluate a lawyer’s background, based on the information we know about the lawyer. The rating is calculated using a mathematical model that considers the information shown in a lawyer’s profile, including a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition – all factors that, in our opinion, are relevant to assessing a lawyer’s qualifications.

Avvo ratings are not intended to be the only item a person considers when choosing a lawyer.

(Source: http://www.avvo.com/support/avvo_rating)

Jeffrey Lapin’s Avvo Profile

I was nominated and re-elected as the Chair of the Nebraska State Bar Association’s (“NSBA”) Law Practice Management Section. As Chair, I spearheaded the movement to update the Section’s By-Laws to better new technology as well as how what I viewed as the primary purposes of the Section. I am also working, through the Legislation Committee, on changes regarding notice under Nebraska’s Political Subdivision Tort Claims Act.

I presented three times to lawyers this year as well as to a group of NICU nurses:

• Ethical Considerations Involving the Use of Electronics by Lawyers – Lincoln Bar Association Monthly Clinic
• Social Media and the Law – What’s New in the NICU? 9th Annual Midwest Regional NICU Conference
• Law Practice Management – NSBA Law Practice and Technology Seminar
• Lawyers Online: Ethics, Security and Best Practices: NSBA Annual Meeting

These are just a review of some of my professional highlights for 2014.

JEFFREY LAPIN PERSONAL HIGHLIGHTS

I continued volunteering coaching in 2014 including spring and fall soccer and volleyball. I am especially proud of my fall volleyball teams, Gators and Freedom. The Gators, which were a Fourth Grade YMCA Spirit team, had 9 players, only two pairs of which had played together before. The Gators were able to finish 5th out of 12 teams. This was very good as the teams ahead of us had all played together longer and some were coached by former collegiate volleyball players.

The second team was Freedom, a Fourth Grade YMCA Recreational team, which had no players that had played together and with only two that even knew each other. This was also the first year of playing YMCA volleyball for a couple of them. The Freedom team entered a Recreational Tournament, which included 4 other teams. These were probably 4 of the best 4th Grade Recreational teams. The Freedom team ended up winning 2nd place with a record of 5-3. Freedom actually split the match with the team that won the tournament, which ended up with a record of 6-2. I am very proud of all of the girls on both teams. I am also currently coaching a boy’s YMCA basketball team.

Besides playing volleyball, my daughter continued to love to dance and mastered cartwheels, which she likes to do whenever she can. My wife continued to enjoy her job as a high school administrator and was given new job assignments, which she soon mastered.

PATRICK DRIVER HIGHLIGHTS

Patrick Driver remained active in his church parish, which went through a major transition that he assisted with. His daughter qualified for a national archery tournament that was held in Louisville, Kentucky. That tournament broke the Guinness Book of World Records for the largest archery tournament. She also began her first year at Lincoln Southwest High School. His son continues to be active in baseball, football and wrestling.

JILL TINNELLY HIGHLIGHTS

On May 1, 2015, Jill Tinnelly celebrated 16 years of working for me. In her spare time Jill enjoys watching her son, Payton, play baseball and hockey.  Her son’s baseball team, the Lincoln Cyclone’s, finished 2nd in Nebraska’s Major 12U division. Payton is also the goalie for the Lincoln Jr. Stars Bantam Travel Team.

I, along with Patrick Driver and Jill Tinnelly, wish to thank everyone reach our 6 year anniversary. We wish to thank our families and friends. We especially want to thank our clients in putting their trust in us in their time of need.

LOOKING FORWARD

We continue to remain committed to representing our clients with caring, passion and dedication. We are planning many new and exciting things for 2015, both professional and personally.

Lapin Law Offices hopes everyone has a happy and healthy 2015.

The post Lapin Law Offices Celebrates 6 Years: 2014 Highlights first appeared on Lincoln Personal Injury Lawyers.

OSHA TOP VIOLATIONS

The top 10 preliminary OSHA violations for 2014 are:

1. Fall Protection (29 CFR 1926.501) – 6,143
2. Hazard Communication (29 CFR 1910.1200) – 5,161
3. Scaffolding (29 CFR 1926.451) – 4,029
4. Respiratory Protection (29 CFR 1910.134) – 3,223
5. Lockout/Tagout (29 CFR 1910.147) – 2,704
6. Powered Industrial Trucks (29 CFR 1910.178) – 2,662
7. Electrical – Wiring Methods (29 CFR 1910.305) – 2,490
8. Ladders (29 CFR 1926.1053) – 2,448
9. Machine Guarding (29 CFR 1910.212) – 2,200
10. Electrical – General Requirements (29 CFR 1910.303) – 2,056

The reference to “CFR,” which stands for the Code of Federal Regulations, refers to OSHA standards. For example, 29 CFR 1926.501 relates to requirements for employers to provide fall protection systems. The second number provided is the number of OSHA citations given for each violation.

These are preliminary numbers and rankings as of August 11, 2014. OSHA’s final report of the 2014’s Top 10 violations will be published in December.

There are a total of  33,116 violations. At least so far, violations that could involve falls, Fall Protection, Scaffolding and Ladders, total 12,620, which account for over one-third of the total violations.

For fiscal year 2013, which runs from October 1, 2012 through September 30, 2013, OSHA’s top 10 violations were:

1. Fall Protection
2. Hazard Communication
3. Scaffolding
4. Respiratory Protection
5. Electrical – Wiring Methods
6. Powered Industrial Trucks
7. Ladders
8. Lockout/Tagout
9. Electrical – General Requirements
10. Machine Guarding

Both 2013 and 2014 have all of the same workplace safety violations. The top 4 remain the same while some of the other violation’s rankings changed.

Sources:

• National Safety Council: OSHA’s Top 10 Violations for 2014 announced at National Safety Council Congress & Expo
• United States Department of Labor > Occupational Safety & Health Administration: Most Frequently Cited Standards (page as of September 24, 2014)

Hopefully, employers will examine these rankings and increase worker safety especially in these top 10 areas. Worker safety should be the paramount concern for employers.

WORKERS’ COMPENSATION AND OTHER CLAIMS

In Nebraska, workers injured on the job are entitled to workers’ compensation benefits except in a couple of circumstances. The benefits injured workers can receive, depending on the injury, include:

• Payment of medical bills
• Payment or reimbursement for prescription medication
• Mileage reimbursement to and from medical appointments
• Temporary Total Disability (“TTD”) benefits
• Permanent Partial Disability (“PPD”) benefits
• Permanent Total Disability (“PTD”) benefits
• Vocational Rehabilitation

In addition, there are certain types of work injuries in which an injured worker may have a claim against a person or entity other than their employer. These are often called “third-party claims.” For these types of claims, an injured worker is entitled to more than just those benefits offered under workers’ compensation, including money for pain and suffering.

If you have been injured on the job in Nebraska, contact Lapin Law Offices to learn about your rights and what we might be able to do for you. We offer a free consultation and do not collect a fee unless we get money for you.

Lapin Law Offices: Workers’ Compensation

The post OSHA’s Top 10 Workplace Safety Violations For 2014 first appeared on Lincoln Personal Injury Lawyers.

CALIFORNIA’S NEW LAW

The law, which will become Section 1670.8 of California’s Civil Code, was signed by Governor Jerry Brown on September 9, 2014. The law does not go into effect into 2015. The statute will impose civil penalties for including in any contract for the sale or lease of consumer goods of services any provision that waives a consumer’s right to make statements about the “seller or lessor or its employees or agents, or concerning the goods or services.” It also prevents businesses from otherwise penalizing a consumer for making any statement protected by the statute. You can read the entire statute here: Section 1670.8 of California’s Civil Code.

The law permits a consumer, the Attorney General, or a district attorney or city attorney to bring a civil action for a violation of the provisions of the law. Civil penalties can be up to $2,500 for an initial violation and $5,000 for each subsequent violation. The penalty increases to a maximum of $10,000 if the violation was “willful, intentional, or reckless.” If a consumer brings the action he or she collects the money and in all other cases the money goes to the general fund of whichever governmental entity brought the action.

UNANSWERED QUESTIONS

Consumer advocates praise the law as giving consumers the right to complain about bad service or products. Consumers should be able to express their opinions about bad service or products. However, consumers should not be protected from posting false reviews or information.

There are questions that will likely arise for businesses especially when they are defamed or when consumers post false or inaccurate reviews. Some of these questions include:

• What exactly is a “statement” under the statute?
• Can a business sue for defamation for false reviews or is that to “otherwise penalize” a consumer?
• What can the business do to have a false review removed?

It is almost certain that once the statute actually goes into effect there were be court challenges to get these, as well as other, questions answered. It also seems likely that other states, including Nebraska, might follow California’s lead and look at the issue of businesses attempting to limit consumer reviews.

The post California Businesses Liable For Limiting Negative Reviews first appeared on Lincoln Personal Injury Lawyers.

ACTIVITY/ SELF TRACKING

The “quantified self” is a phrase that has gotten a lot of attention in the past couple of years. It generally means a person using technology to help gather information about themselves, which may be used to track activities, personal well-being, health, productivity and many other items. Other terms that are sometimes used for “quantified self” include self-tracking and activity-tracking.

The self-tracking market is already very large. According to some studies, 60 percent of Americans now regularly track their weight, diet or exercise activity through an application or device. By the year 2018, the number of wearable computing devices shipped each year will reach 485 million units.

There are a number of different types of activity tracking devices and applications. The most common devices are smartphones and wearable tracking devices. These devices can track some data themselves while some use a combination of data gathered plus what a user inputs. As for applications, most of these, which are not using the device’s sensors to track something, rely on the user to input information. An example is a “calorie counter” in which a user enters what he or she ate during the day.

Information gathered by these devices is stored on the device itself. It can also transmitted to a paired device, such a smartphone, tablet or computer. It can also, either through the device itself or a paired device, go into the cloud and the manufacturers or developers services. According to Symantec, all of these areas have significant security vulnerabilities.

INFORMATION GATHERED

Activity tracking devices and applications may contain all of information about users including that the user would be unlikely to want shared publicly. Some of this information is entered by the user themselves while other information is gathered by the device or application itself .Such private Information goes beyond that which usually be vulnerable, such as date of birth and social security number, and may include:

• Consumption (Food; Drink; Medication)
• Bodily functions (Body PH; Menstruation/Fertility; Pregnancy; Stool/Bowel motion)
• Physical activity (Sports Activity; Sleep; Travel; Sexual Activity; Tooth Brushing)
• Medical Symptoms
• Spatial (Location; Altitude; Time; What You See)
• Physiological Statistics (Heart rate; Blood Sugar/Glucose; Temperature; Blood pressure; Weight; Breathing)
• Mental Health (Mood; Stress Levels; Alertness)

Symantec’s Report contains a diagram of the anatomy of a tracking device

WHY YOU SHOULD BE WORRIED

Your might be asking, “Why should I worry?” You should be worried according to the Symantec Report that your private information can be used to harm you if obtained by a malicious third party. Some of the risks and harms include:

• Identity Theft
• Profiling
• User Location/ Stalking
• Embarrassment and Extortion
• Corporate Use and Misuse

As most of the trackers are used for self-improvement or for medical purposes, the information can be extremely private. Not many people want others to know about their sexual activity or toilet usage.

SECURITY DEFICIENCIES

Symantec found significant deficiencies with many of the devices and applications especially in the areas of:

• Location Tracking
  • All wearable tracking devices tested
• Transmission of Tracking and Personal Data, including passwords, in clear text
  • 20% of applications examined
• Lack of Privacy Policies
  • 52% of apps examined did not have available privacy policies
• Contacting Multiple Domains
  • Average number of unique domains contacted by the self-tracking apps was 5 and the maximum number was 14
• Weak Session Management and Security
• Unintentional Data Leakage

With all of these security problems, your private information is vulnerable to hackers and others. Without privacy policies, many users are not even aware of the risks being intercepted or shared.

PROTECT YOURSELF

The Report makes the following suggestions for users using fitness tracking devices and applications:

• Use a screen lock or password to prevent unauthorized access to your device.
• Do not reuse the same user name and password between different sites.
• Use strong passwords.
• Turn off Bluetooth when not required.
• Be wary of sites and services asking for unnecessary or excessive information.
• Be careful when using social sharing features.
• Avoid sharing location details on social media.
• Avoid apps and services that do not prominently display a privacy policy.
• Read and understand the privacy policy.
• Install app and OS updates when available.
• Use a device based security solution.
• Use full device encryption if available.

These security suggestions are basically the same for many mobile devices and some are not available for a lot of activity trackers. They may help protect the information once it reaches your phone, tablet or computer, but, are not foolproof. Unfortunately, there is not a lot you can do to a device itself other than not use it.

CONCLUSION

The quantified self is important and a natural progression of technology. It is a better and more efficient way to track information. Activity-tracking devices and applications are readily available and can, for some, be free or very inexpensive. They are also very useful. I use a fitness tracking band myself. However, make sure you aware of the privacy risks and protect your data as much as you can. You do not want to become a quantified victim. Hopefully, manufacturers and developers will start to consider security in future devices.

Source (content and some images): How safe is your quantified self? (Version 1.0 – July 30, 2014, 12:00 GMT) by Mario Ballano Barcena, Candid Wueest, Hon Lau / Symantec

The post Your Self-Tracking Data Is At Risk first appeared on Lincoln Personal Injury Lawyers.

THE CASE

United States Court of Appeals for the Eighth Circuit
United States v. Jeffrey A. Anderson
No. 13-2337
Filed: July 17, 2014
Copy of opinion: http://media.ca8.uscourts.gov/opndir/14/07/132337P.pdf

FACTS OF CASE

Jefferson Anderson, of McCook, Nebraska, using the name “Bob Shepherd,” allegedly sent “unsolicited, sexually explicit messages and images on Facebook” to a eleven-year-old girl, “M.A.”, who was actually his half-sister. M.A.’s mother notified the Nebraska State Patrol. An officer took control over M.A. Facebook account. Anderson sent an image, which “originally had depicted an adult male and adult female engaged in sexual intercourse, but Anderson digitally superimposed M.A.’s face over the face of the female.” There was a caption to on the image, which basically stated, “This is what we will do.” This altering of the image is commonly known as “morphing.” Anderson admitted to sending the image.

Anderson was charged, under federal law, with: distribution of child pornography, distribution of child pornography to a minor, production of child pornography, and enticement of a minor to engage in unlawful sexual activity.

FIRST AMENDMENT AND CHILD PORNOGRAPHY LAW

The First Amendment to the United Stated Constitution states, in part, “Congress shall make no law … abridging the freedom of speech.” The United States Supreme Court, in a number of decisions, has stated the First Amendment does not apply to child pornography meaning it is not protected speech.

A federal statute, 18 U.S.C. § 2256(8), defines, for certain purposes, “child pornography” as:

any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where –

(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

All of the offenses Anderson was charged with utilize this statutory definition.

DECISION

The Court of Appeals rejected the government’s argument that the morphed image fell within the “historically unprotected” type of speech, which was the basis for the lower court’s decision. However, the Court did find that the law did satisfy another United States Supreme Court requirement, that of “strict scrutiny” finding:

Although subjects of morphed images like M.A. do not suffer the direct physical and psychological effects of sexual abuse that accompany the production of traditional child pornography, the morphed images’ “continued existence causes the child victims continuing harm by haunting the children in years to come.

The Court also rejected Anderson’s argument that the law punishes “private” distribution of a morphed image for the reason that the child suffers from appearing as the “purported subject of pornography in a digital image” regardless of the size of the audience. Thus, the government’ need to protect the minor trumps Anderson’s free speech argument.

CONCLUSION

I agree with the decision in this case. While I am a strong believer in free speech, there are limits. You are not allowed to yell “fire” in a crowded theater. Also, there is clearly a compelling interest in protecting children that can outweigh free speech rights. “Morphing” was not really possible before digital editing. Now, with digital editing tools everywhere and easy to use, along with the ease of sending messages, improper images can be sent cheaply and quickly. Most things on the internet are permanent, that is, not easily completed erased. This is one case in which the court has caught up to technology. In addition, the activity of the defendant in this case probably has and will cause the minor lasting emotional and psychological harm. There is also the possibility of the morphed image becoming public or viewed by more people subjecting the girl to even more harm.

The post Morphed Image: Protected or Porn? first appeared on Lincoln Personal Injury Lawyers.

Give to Lincoln Day 2014 began at 12:00 am today. Give to Lincoln Day is a day dedicated to supporting nonprofit organizations in the city of Lincoln, as well as Lancaster County, Nebraska. From 12:00 am to 11:59 pm people can donate to qualifying local non-profit organizations. The Lincoln Community Foundation, along with other sponsors, will be giving away an additional $300,000 in a challenge match pool. Help keep Lincoln great. Make a donation now, without leaving your home, by going to givetolincoln.com.

WHAT IS GIVE TO LINCOLN DAY?

Give to Lincoln Day, according to the givetolincoln.com website, is:

What is Give To Lincoln Day?

Give To Lincoln Day is a 24-hour event that encourages everyone to contribute to Lincoln and Lancaster County nonprofit organizations through a single online giving platform on May 29th. Give To Lincoln Day is coordinated by Lincoln Community Foundation, in partnership with local nonprofit organizations.

What’s the goal?

The vision of Give To Lincoln Day is to promote philanthropy in Lincoln and Lancaster County. There are three primary goals:

• Introduce new donors to our nonprofit organizations.
• Raise a substantial amount of new money to assist the nonprofit network in our community.
• Help Lincoln nonprofit organizations tell their stories and educate Lincoln about the positive impact they have on our lives.

Give To Lincoln Day is intended to be a bonus fundraising opportunity for local nonprofits in our community. It is not intended to replace or interfere with donors’ gifts to a nonprofit organization that would be made in the regular course of charitable giving.

The Lincoln Community Foundation created a PSA for Give to Lincoln Day 2014, which you can view on the givetolincoln.com website or on Vimeo: 2014 Give To Lincoln Day PSA

RESULTS OF GIVE TO LINCOLN DAY 2013

Last year, Give to Lincoln Day was held on May 16, 2013, which was the second such day. It was considered an enormous success as:

• $2,119,318.00 was raised in just 24 hours;
• 6,624 individuals made donations; and
• 253 local nonprofit organizations received donations.

The top five nonprofits receiving donations in 2013 were:

• Pius X Foundation: $114,886;
• Lincoln Parks Foundation: $92,222;
• Speedway Motors Museum: $91,017;
• Hearts United for Animals: $84,315; and
• City Impact, $79,405

Last year’s donations helped keep Lincoln a great community and place to live.

PARTICIPATING NONPROFITS

This year, there are 482 nonprofit organizations that are participating in Give to Lincoln Day 2014. Some of these nonprofits, which I interacted, cooperated with or otherwise used their services or facilities include:

• Brain Injury Association of Nebraska
• Family Service Association of Lincoln
• Clinic With A Heart
• Friendship Home of Lincoln
• Foundation For Lincoln Public Schools
• Junior Achievement of Lincoln Inc.
• Knight House – Lincoln Southeast
• Lincoln Children’s Museum
• Lincoln Children’s Zoo
• Nebraska Appleseed Center for Law In the Public Interest
• Peoples Health Center
• Pioneers Park Nature Center
• The Nebraska Lawyers Foundation
• Nebraska State Bar Foundation

You can search for your favorite nonprofits on the givetolincoln.com website.

HOW YOU CAN DONATE

You can donate to a qualifying nonprofit two ways:

• Give to Lincoln website: givetolincoln.com.
• In person at the Lincoln Community Foundation, 215 Centennial Mall South, Lincoln, Nebraska, between 8:00 am and 5:00 pm.

The minimum online donation is $10.00 There is a maximum donation limit of $10,000 per nonprofit per household. The website has a timer indicating how much time is left to give along with how much money has been donated, the number of donors and a “leaderboard” with the nonprofits that have received the most donations. The website does not include information about in-person donations.

With just over 12 hours remaining for Give to Lincoln Day 2014, $1,076,333 through 4962 donations.

CONCLUSION

Give to Lincoln Day is a terrific idea. Lincoln is a great city for a number of reasons. One of those is how we help those in need and the community itself. Lapin Law Offices’ office is located in Lincoln and our staff all live here as well. I grew up in Lincoln and have many opportunities to observe the good work that many of these nonprofits do.

I would strongly urge everyone that lives or has lived in Lincoln or Lancaster County to donate what they can today as these nonprofits directly impact Lincoln, Lancaster County and the people that live here.

While you should be donating and helping these nonprofits all year long, today is extra special because of the $300,000 challenge match pool.

Who you donate to is your personal choice. I would recommend those nonprofits that you have used their services or facilities or otherwise have helped you, your family or friends.

Help keep Lincoln great by donating today to a local nonprofit.

SOURCES

Information and images come from the following sources:

Lincoln Community Foundation: Give To Lincoln 2013 Final Report
Give to Lincoln Day website: givetolincolnday.com
Razoo: Give to Lincoln Day home page: http://givetolincoln.razoo.com/giving_events/g2l14/home

The post Help Keep Lincoln Great – Give to Lincoln Day 2014 first appeared on Lincoln Personal Injury Lawyers.

Today, April 23, 2014, is Administrative Professionals’ Day. It is just one day of week-long celebration, Administrative Professionals’ Week, where we acknowledge the contribution of administrative professionals to the success of business throughout the United States. Please join with us in thanking all administrative professionals for all of their hard work and dedication.

DEFINITION

The International Association of Administrative Professionals (IAAP) defines an “Administrative Professional” as: “individuals who are responsible for administrative tasks and coordination of information in support of an office-related environment and who are dedicated to furthering their personal and professional growth in their chosen profession.” It is a fitting a definition as it focuses both on the job duties as well the dedication of administrative professionals.

HISTORY

Administrative Professionals’ Day had its beginnings in 1952 as part of “National Secretaries Week.” The Wednesday of the “Week” was called “National Secretaries Day.” The creators were Mary Barrett, then president of the National Secretaries Association, and C. King Woodbridge, then president of Dictaphone Corporation. The first three years it was celebrated from June 1 to June 7. In 1955, the week of celebration was changed to April. In 1981, the week was renamed to “Professional Secretaries Week.” Finally, in 2000, the week and day were renamed as “Administrative Professionals Week” and “Administrative Professional’s Day” and was intended to include all administrative professionals.

QUOTES

Here are some quotes about administrative professionals as well as expressions of thanks:

“Always be nice to secretaries. They are the real gatekeepers in the world.”~ Anthony J. D’Angelo

“No one who achieves success does so without acknowledging the help of others. The wise and confident acknowledge this help with gratitude.” ~ Author Unknown

“Accomplishing the impossible means only that the boss will add it to your regular duties.” ~ Doug Larson

“No one who achieves success does so without acknowledging the help of others. The wise and confident acknowledge this help with gratitude.” ~ Author Unknown

“Appreciate everything your associates do for the business. Nothing else can quite substitute for a few well-chosen, well-timed, sincere words of praise. They’re absolutely free and worth a fortune.” ~ Sam Walton

PERSONAL NOTE

I would like to wish my Legal Assistant, Jill Tinnelly, a happy Administrative Professional’s Day.

Jill has worked with me for over 15 years. Jill made the “leap of faith” with me when I started Lapin Law Offices in 2008 and we would not have survived that first year without her hard work and dedication. During that year Jill filled all of these duties and more: legal assistant; secretary; receptionist; mover; and designer.

Her continued efforts have helped me and Lapin Law Offices achieve tremendous outcomes for our clients. Jill is able to be build a tremendous rapport with our clients.

Thank you Jill for your caring, passion and dedication to me, Lapin Law Offices and our clients.

The post Administrative Professionals’ Day – 2014 first appeared on Lincoln Personal Injury Lawyers.

Today, February 17, 2014, is Presidents’ Day. It was originally established in 1885, and was held on February 22, to honor and recognize George Washington’s birthday. Abraham Lincoln also had a February birthday. Although it is still officially called “Washington’s Birthday, it is widely known as “Presidents’ Day,” and is generally viewed as a day to celebrate all United States presidents. In addition, the celebration date was changed to the third Monday in February in 1971 as part of the Uniform Monday Holiday Act.

PRESIDENTS’ DAY FACTS

There have been four presidents with February birthdays:

• George Washington: February 22, 1732
• William Henry Harrison: February 9, 1773
• Abraham Lincoln: February 12, 1809
• Ronald Reagan: February 6, 1911

Since Presidents’ Day was moved to the third Monday of February, it will never fall on any of these presidents’ birthdays as they are either too early or too late in February.

Starting in 1862, the Senate has read President George Washington’s 1796 Farewell Address on Presidents’ Day. It started as a way to try to boost morale during the Civil War.

PRESIDENTIAL QUOTES

To honor two of our most recognized and famous Presidents who had a February birthdays, we offer this image containing some inspirational and patriotic quotes from George Washington and Abraham Lincoln.

CONCLUSION

While Presidents’ Day means a day off for many workers and students, as well as a number of sales, please pause and reflect on our former presidents. It is surprising that after all of these years, today is still officially called “Washington’s Birthday,” named after our very first president.

The post President’s Day 2014 first appeared on Lincoln Personal Injury Lawyers.