Wednesday, 4 May 2022

Episcopal Church Lawsuit Faces Discovery Challenges

The Episcopal church’s attorneys are trying to stop third-party depositions in civil cases involving allegations of perjury and spoliation and abuse of process by Robert H. Malm, an Episcopal priest. Malm was previously rector at Grace Episcopal Church, Alexandria Virginia.

Pro se plaintiff Eric J. Bonetti and retired attorney Eric J. Bonetti filed the case in Alexandria Virginia General District Court seeking damages from Malm for allegedly:

  • Filing frivolous legal actions against Bonetti.
  • Perjury was allegedly committed multiple times in previous litigation. This included falsely claiming Bonetti’s mother, who was then terminally ill, had called Malm repeatedly to schedule appointments.
  • Refusing obedience to an order to compel.
  • Repeatedly lying during discovery.
  • Having repeatedly filed false and malicious police reports, claiming Bonetti had threatened Malm, Bonetti was mentally ill, etc.

Bonetti sought to depose several people involved in the discovery process, including:

  • Patti Culbreth is the head of Grace Episcopal School and Malm identified her as a source for information on the matter, despite not having met Bonetti.
  • Anne Turner, the current rector, is believed to have discussed this matter with Malm and other church vestry members.
  • Bishop Susan Goff, also known as Suffragan Susan Goff is responsible for overseeing Malm under church canons.
  • Kelly Gable sent Malm an email alleging that Bonetti had stolen money from a former employer. The email was sent along with 14 others and was not included in discovery during the initial litigation. Malm forwarded it to Bishop Shannon Johnston along with fabrications regarding Bonetti’s time in the church. Gable also failed to follow a prior agreement to respond to questions in lieu de a deposition.
  • Lisa Medley, a former senior warden, believes that Bonetti has posted several defamatory statements online under one or multiple pseudonyms. These statements are very similar to Malm’s defamation.

Matthew J. Youssef is a partner in Niles Barton’s firm. He has attempted to stiff-arm discovery by claiming that he doesn’t believe they are relevant to Malm’s claim.

Bonetti says, “In light the fact that Malm’s own attorney introduced Ms Gable’s email into evidence,” Bonetti said. “This includes the reasons it wasn’t produced during the initial litigation.

Bonetti says, “It is deeply ironic that The Episcopal Church claims it respects the dignity of all human beings, but it continues to defend what i submit is egregious sexual abuse.” This is not happening in a vacuum. I have tried to contact every bishop of my denomination regarding this matter, but was ignored. I have not received any explanations from the church about why they think it is OK to ignore church canons that expressly prohibit clergy from engaging in conduct that involves ‘dishonesty’, fraud or deceit, as well as to conduct unbecoming.

“Thus it is ironic that even though the church has completed six weeks of Lent (a time of reflection and repentance), it has not repented of anything.

“The church has not yet explained why it is trying to prevent discovery if there is nothing to hide. If its hands are clean, then why wouldn’t it welcome the chance to prove that this is true?

The Church Pension Group, the church’s captive insurance carrier, is paying for Malm’s defense as well as that of third-party deponents. Wayne Cyron, an Alexandria attorney, represents Malm. He is accused of making various fabrications to the courts. For example, claiming that Bonetti posted online under the names and siblings of Bonetti.

Brian Bonetti, Bonetti’s only sibling, passed away many years ago.

Bonetti had previously offered mediation, but the denomination declined it.

Bonetti, a retired lawyer and one of the first heterosexual couples to marry in The Episcopal Church, is also a former attorney. Mike and he have left the Episcopal Church due to Malm’s misconduct, and the church’s refusal of honoring its canons on clergy discipline.

Malm, who was a rector at Grace Episcopal Alexandria, retired in 2019. He is currently interim rector at Saint Peter’s Episcopal Church-on-the-Canal Buzzards Bay MA. This declining church can no longer afford a full-time rector.

Media contact:

Eric J. Bonetti
202-650-0942
eric.bonetti@protonmail.com



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Tuesday, 3 May 2022

Perez Mayoral Fights Renters’ Rights in Miami-Dade County

Perez Mayoral (PA) announced today that it’s working to ensure that tenants in Miami-Dade County stay in their homes. Tenants are being squeezed by landlords who want to make more money by increasing their rent, as inflation is at an all-time high of 40 years.

The ordinance was enacted by the Miami-Dade County Board of County Commissioners to protect renters. The new law, which took effect March 25, 2022, requires that landlords give at least 60 days of written notice to residential tenants when:

  • Rent increases greater than 5 percent
  • Cancellation of a month-to month residential rental agreement

The notice requirement allows tenants to have some breathing space, but it is not guaranteed that they will avoid eviction. We are committed to helping our clients remain in their homes longer by enforcing this new law.

We can assist you if your landlord has decided to terminate your monthly rental agreement or if your rental rate is increasing suddenly.

We are a trusted business, realty, and litigation firm serving Miami-Dade. Our track record has proven that we can successfully resolve landlord-tenant disputes. We know how to balance the playing field, even though landlords are unfairly advantaged. Get in touch with our office to find out how we can help prevent eviction.

Contact:

Perez Mayoral, P.A.
999 Ponce De Leon Blvd
Suite 705
Coral Gables, FL 33134
Phone: 1.866.720.3792



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TX Vehicle Accidents Rise

Texas was once the country’s leader in traffic fatalities. Texas, the Lone Star State, is still a leader in the dubious pursuit to be first again. 2021 was the state’s second-most fatal year. 4480 people were killed on Texas roads alone.

TxDOT states that speeding and passengers not wearing a belt are the main causes of accidents-related deaths. TxDOT estimates that more than 2,700 lives could have been saved if people wore a seatbelt and stayed away from driving at high speeds. Brooks Schuelke from Austin, a car accident lawyer, said, “It’s a simple thing that you can do.”

Everyone is concerned by the sharp rise in accidents. The Texas Transportation Commissioner noted that “…different driving decisions could have saved seven lives per day.

Many people believe that crashes happen only on major highways. However, statistics show that 82% of all reported deaths resulted from single-vehicle collisions on narrower back roads. TxDOT hopes to decrease the number of deaths by 2050. Schuelke stated that while this is a worthy goal, it can only be achieved by the public cooperating. Many drivers feel that the rules don’t apply to them.

An accident in a car can cause serious and life-threatening injuries, such as:

* Spinal Cord Injuries
* Traumatic brain injuries
* Foot and Ankle Injuries
* Wrist, Hand, and wrist injuries
* PTSD
* Concussions
* Broken Bones
* Airbag Injuries
* Burns, Lacerations, and Scarring
* Neck Trauma
* Back Trauma
* Paralysis – Partially or Complete
* Death
* Internal Injuries
* Organ Damage
* Whiplash
* Facial Disfigurement
* Amputations
* Crush Injuries
* Fractured Bones
* Knee Injuries

People must take responsibility for their actions and those of others. The roads will become safer and more people will be able to drive safely. Protecting each other is the right thing to do. Accidents caused by negligent drivers continue taking lives until that lesson is learned.

Safety rules for driving are not only for a few people. These rules are intended to protect all citizens, not just the drivers. Car accidents are not one single dangerous event. It can cause serious injuries and death to many people, affecting many others.



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Is Whistleblowing Ethical?

When it comes to corporate misconduct, whistleblowers are regularly rewarded with headline-grabbing payouts. For example, the recent $3 billion qui tam settlement with GlaxoSmithKline means the whistleblower stands to make hundreds of millions of dollars from a relator’s share. But many private-sector employers are wary of such big rewards because they fear that they may entice employees to go to the government instead of reporting wrongdoing. A high-profile whistleblower could cost the company billions of dollars in lawsuits.

Ethics of whistleblowing

As an employee, you might be tempted to speak up about a blatant violation of your employer’s rules and policies. However, you might be hesitant because of a dilemma surrounding the ethics of whistleblowing. While you want to protect your employer and the interests of your family, the morals of the situation trump your loyalty to the company. You might also be concerned about the impact of speaking up on the company’s finances or your job security. Fortunately, whistleblowing can be done without compromising your morals.

The Deontic view views whistleblowing as a fundamental organizational duty. To discharge this duty, organizations must establish secure internal and external reporting mechanisms that protect whistleblowers. A dedicated authority may also be set up to provide legal advice to whistleblower initiatives. These are just a few of the many complexities that surround the ethics of whistleblowing. To help you choose the right course, consider the following:

When does it become appropriate to disclose information? When secrecy threatens the political legitimacy of an organization, whistleblowing may be an appropriate response. In addition, it may be necessary to disclose information to remedy a significant informational deficit. For example, the Pentagon Papers exposed U.S. war crimes committed during the Vietnam War. Likewise, Chelsea Manning’s leaks exposed a graphic video of a U.S. Apache helicopter airstrike on unarmed civilians in Baghdad.

Protection of whistleblowers from retaliation

Retaliation is a form of employee reprisal that can range from firing an employee to stripping them of their responsibilities. It can also take the form of harassment from co-workers, including physical attacks. It is unethical to allow employees to circumvent the proper channels to report misconduct, because such actions can hurt the organization’s reputation. Worse, whistleblowers may be forced to sue their employers.

Companies must have a code of ethics in place that prohibits retaliation. This code should serve as the cornerstone of an ethics culture at the company. Employees must be trained on the company’s ethics code. Knowledgeable employees are more likely to make sound decisions. A company must also develop a policy on how to handle adverse employment actions, such as warnings or suspensions, which may be construed as retaliation. It should involve human resources and require supporting documentation.

In order to qualify as a whistleblower, you must report the misconduct to the Ethics Office. You must report it in good faith within six years of the occurrence. If you are unable to make a report within this timeframe, you can appeal to the Inspector General. An Inspector General can convene a review panel of three inspectors general. This panel has limited authority to make recommendations to the head of the original agency.

Costs of whistleblowing

The costs of whistleblowing are high, especially when it is about leaving a job and facing reprisal. The time required for such disclosures takes away from the individual’s social life, and the stress can sap one’s strength to continue fighting for the cause. The lack of legal protections for whistleblowers has also made them vulnerable to these financial burdens, and there are gaps in their security, too. The impact on society is further exacerbated by unemployment, which makes it much harder for individuals to support themselves.

While many individuals do not consider the financial costs of whistleblowing a significant factor in their decision to become a whistleblower, these expenses are significant. Not only can they result in court cases and fines from regulators, but whistleblowers have also suffered personal damage and lowered morale. The negative practices they expose could have become even more detrimental if they had been ignored. However, whistleblowing does contribute to corporate cultures and helps them deal with internal and external situations in a more effective and positive way.

However, the financial and emotional tolls of becoming a whistleblower are often less than the benefits of gaining public sympathy for your cause. Whistleblower reward programs may be a great way to make an impact, but they cannot cover every conceivable ill. For example, a tailor in New York City pleaded guilty to a decade-long scheme to avoid state sales taxes. In exchange for the guilty plea, he agreed to pay $5.5 million in back taxes. Likewise, a dermatologist in Florida settled with the state of Florida over illegal kickbacks. The pathologist who brought these allegations is slated to receive $4 million of the settlement.



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What are the Pros and Cons of Whistleblowing

The pros of whistleblowing outright are countless. For example, employees can receive a monetary reward for their efforts, protect future investments, avoid retaliation, and bypass the corporate chain of command. But what are the cons of not blowing the whistle on wrongdoing? Read on to discover the pros and cons of whistleblowing. And remember that your financial sanity is at stake, too.

Employees can receive a monetary reward

In the US, employees can receive monetary rewards for whistleblowing in various forms, such as lawsuits, financial incentives, and other rewards. These rewards are often tied to the type of illegal activity reported. For example, an employee can receive a reward for reporting fraud. The amount of the reward depends on the type of illegal activity reported and the amount of the employee’s involvement. But regardless of whether an employee chooses to seek a monetary reward for whistleblowing, it is still possible to secure a large payout.

The Dodd-Frank scheme only provides a small incentive to employees who disclose misconduct. It only pays out if the information leads to an enforcement action or a lesser sanction. The result is that this is more of a performance-related incentive than a monetary reward. Fortunately, UK law already allows employees to receive monetary rewards for exposing wrongdoing and reporting illegal activity.

They can avoid retaliation

If you are concerned about the potential for retaliation from your employer, you should consider reporting misconduct to the appropriate authorities. Many federal laws protect employees who report violations of the law. The Sarbanes-Oxley Act protects employees from discrimination and harassment, and other federal laws protect employees who report violations of the law related to health codes, family leave, and wage and hour laws. Even though the Sarbanes-Oxley Act does not specifically mention whistleblowers, you should not worry about retaliation from your employer if you report a violation of any of these laws.

In addition, the Department of Labor’s Administrative Review Board has ruled that attorneys can introduce privileged communications to establish retaliation in whistleblowing cases. This decision makes it clear that attorneys can introduce privileged communications into a whistleblower retaliation case if the information is “reasonably necessary” to take legal action. The Department of Labor’s case law has made this more complicated for whistleblowers.

They can protect investors from future loss

SEC and CFTC whistleblower programs have been remarkably effective. In FY 2019, the SEC reported nearly $4 billion in monetary sanctions and almost $100 million in whistleblower rewards. In the last five years, the CFTC has recovered about $1.3 billion in investors’ ill-gotten gains, and collected nearly $4 billion in monetary sanctions. The whistleblower program has also allowed the SEC to expand its knowledge base, as whistleblower tips provide information about fraudulent activities that hurt U.S. investors. Furthermore, this information helps the SEC optimally target its limited resources, which is necessary to protect investors.

Whistleblowing is an important way to protect investors from future loss. By reporting fraud or abuse of securities laws, investors can protect themselves from hefty fines and even future exclusions from the company. Whistleblowers are often protected by the Dodd-Frank Act, which protects them from retaliation if they report securities fraud or other securities violations.

They can bypass the chain of command

Some organizations discourage employees from making public complaints about violations of ethical or legal standards. Bypassing the chain of command, employees can bypass the system that protects them and the organization. However, removing these barriers may undermine the integrity of management decision-making. In addition, whistleblowers may have less-than-honorable motives. They might be retaliating against their superiors or subpar employees. Regardless of the motives, whistleblowers may be trying to draw attention to legitimate problems.

In addition to federal laws, whistleblowers may choose to make a disclosure to multiple sources. These channels include the OSC, the IG, the agency’s leadership, Congress, and the media. Whistleblowing can be effective when it involves a public sector employee who has discovered improper behavior. The Detrich decision is nonprecedential, but it may be worth paying attention to it.



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Monday, 2 May 2022

Hiring an Estate Planning Lawyer

A qualified estate planning lawyer will be able to help you with a number of legal matters. Among the most common documents are an advanced directive, a living will, and a durable power of attorney. In the absence of a will, a probate proceeding will take place, whereby real property will be transferred upon your death. Real property includes land, buildings, crops, and any fixtures permanently attached to land. Inheritance, on the other hand, refers to the act of passing on property that was the result of someone else’s death.

Questions to ask prospective estate planning lawyers

A good question to ask a prospective estate planning lawyer is how long they have been practicing. The longer the attorney has been practicing, the more experience they have and the better they understand the different tools that can be used to your benefit. The more experience an attorney has, the more likely they will be able to handle complex estates, long probate processes, and other challenges. This will give you the peace of mind that you need when the time comes to start planning your estate.

When looking for an estate planning lawyer, don’t forget to look for experience and expertise. The laws surrounding inheritance and estate taxes are constantly changing. Federal estate taxes are due today, and what is right for you now may not be suitable in a year. Additionally, life changes and decisions made today may seem foolish in a year’s time. Therefore, it is essential that you find a lawyer with experience and who is willing to discuss personal matters with you and your family.

In addition to a good experience, a competent estate planning attorney will always be available for clients’ questions. This is especially important if you’re going to rely on them to work with you for the rest of your life. While this is important, you should be sure that they also have the systems in place to keep your plan current. Estate planning lawyers are responsible for making sure your assets are owned properly for the remainder of your life. You should communicate regularly with your attorney and his staff if necessary.

Costs of hiring an estate planning lawyer

Depending on the complexity of the situation, the costs of hiring an estate planning attorney can range from $800 to $2,000. This fee covers the basic review of your financial affairs, including the preparation of legal documents. Additional fees may be incurred if your estate includes multiple partners or properties. In addition, some attorneys charge a flat rate for their services, which may not cover appraisal fees or filing costs. Regardless of the fee structure, it is wise to discuss your options with multiple attorneys to find the best fit for your needs.

Hourly rates for estate planning attorneys can range from $150 to $350 per hour. The average hourly rate is around $250, although some attorneys charge more. When shopping for an estate planning attorney, keep in mind that rates are likely to vary widely. As a general rule, the larger the taxable estate and the more complicated the assets, the higher the fee. However, some attorneys may offer software programs that allow you to create an estate plan yourself at a fraction of the cost.

While the fees for an estate planning attorney are reasonable, remember that a faulty plan can be devastating. To save money, it’s a good idea to meet your prospective attorney in person and get an idea of what you’ll be paying. Also, it’s important to consider whether you feel comfortable with the attorney you’re considering hiring. A professional will be able to answer all of your questions and help you make the best choice.

Experience of an estate planning lawyer

One of the most important things to consider when hiring an estate planning lawyer is how many years of experience they have in the field. An estate planning attorney has the knowledge and experience necessary to help clients design an estate plan that will meet their objectives and avoid any legal and tax problems. Experienced estate attorneys know how long the process can take and how urgent a particular project may be. A good estate planning lawyer can effectively communicate with clients and break down documents so they understand them easily.

An estate planning lawyer must be a licensed attorney, unless they specialize in another area of law. If an attorney focuses on another area, he or she will not be able to provide the expertise that you will need for your needs. A lawyer focusing on estate planning will have a leg up on other attorneys, so it is vital to check for this. A lawyer with a lot of experience will be more likely to get your business if they have extensive experience in estate planning.

Estate planning involves a broad range of topics. Experienced estate planners are knowledgeable in all the topics related to estate planning and can handle complex and unique estate plans. However, some estate planners have been using the same methods for decades and may overlook the latest practices in the field. Experience is essential for an estate planning attorney to be effective. It is also important to be upfront about the costs involved in a consultation. The lawyer you hire should be able to answer all your questions and explain all of your options.



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How to Protect Your Personal Assets and Negotiate a Settlement Agreement in a Business Lawsuit

If you are involved in a business lawsuit, you need to understand what to do and how to protect yourself and your company. In this article, we’ll discuss how to protect your personal assets and negotiate a settlement agreement. We’ll also go over what to do if the plaintiff won’t settle, how to keep your company assets safe, and how to defend your company’s interests. Here’s what you need to know to defend yourself.

Defending your company’s interests in a business lawsuit

Defending your company’s interests in an upcoming business lawsuit will require careful consideration of the plaintiff’s allegations. While these lawsuits rarely arise from complete strangers, it’s essential to keep a complete record of your business activities. Also, talk to any witnesses who can substantiate your side of the story. These witnesses can then provide important evidence to your defense lawyers. With the appropriate evidence, your company’s reputation and viability will be in good hands.

Regardless of the outcome of your company’s lawsuit, you can avoid costly legal expenses by taking preventive measures. In addition to hiring an attorney, you can obtain business insurance to help cover the costs of a lawsuit. And don’t forget to maintain good records of commercial transactions. By following these tips, you can protect your company from legal action. While it may not be a simple task, it will be worthwhile in the long run.

The costs of defending your company’s interests in a business suit can be prohibitive for small businesses, but an experienced attorney will guide you through the process and help you avoid costly mistakes. An attorney experienced in business litigation can help you negotiate a settlement, file for dismissal, or even litigate your case. If you’re not comfortable with hiring a lawyer, consider consulting with an experienced business litigation attorney who can craft a strategic plan for your company’s best interests.

Protecting your personal assets

There are many ways to protect your personal assets when filing a business lawsuit. While a business entity can help protect your assets, it cannot do so on its own. You can, however, create a separate entity and shelter your personal assets from creditors. An LLC, family limited partnership, or trust can be used to protect your personal assets. All of these entities will serve as barriers to your creditors. Using such entities as your personal residence and retirement accounts may protect your assets from creditors.

Asset protection can be tricky, and transferring assets at a late stage may not work. Asset transfers can be reversed as fraudulent conveyances, but those made in advance of a legal threat may stand up to such attacks if done correctly. In Florida, for example, transfers of non-exempt assets to your homestead property after a judgment may be allowed by law. Luckily, the state of Florida allows you to transfer your personal assets to your homestead property after judgment.

You can also set up a limited liability company (LLC). An LLC is an ideal choice to protect your personal assets when you are sued for a business. LLCs are separate legal entities from you and your business, so filing a lawsuit against you could result in the dissolution of your LLC. If you’re sued for a business debt, you may end up personally liable. If you don’t protect yourself from the business lawsuit, you’re exposing yourself to a personal liability and risk losing your assets.

Negotiating a settlement agreement

Before negotiating a settlement agreement, it is essential to agree on what the parties to the lawsuit will do and what they will accept as part of the deal. Make sure to include a clear description of the parties in the deal, including the co-defendants and connected parties. The presence of an objective third party in the process can help both parties reach an amicable settlement. The following are common mistakes that people make when negotiating settlement agreements.

Avoid talking about issues that don’t have anything to do with the dispute at hand. If you are not willing to discuss some of the issues during the settlement discussions, the client might not be happy with the result. Besides, if the client doesn’t like the settlement, he or she won’t be willing to accept it. Keeping things professional, and relying on your lawyer, can help you negotiate a fair settlement. Always make sure to commit the outcome of your negotiation to a written document signed by both parties.

If you cannot agree on all issues, then you may need to move on to another issue. Some negotiators recommend that you place the biggest issues first. This way, you’ll avoid rushing into a poorly negotiated deal. After you’ve reached a preliminary agreement on big-money issues, you can move on to less-important issues and build momentum. If your opponent is unwilling to negotiate, he might simply give up.



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CIM and KBS Boars Recommend Shareholders Reject Comrit Offer

CIM Real Estate Finance Trust and KBS Real Estate Investment Trust III Inc. have each issued a letter to shareholders encouraging them to re...