New $1,500 Spectacles Developed by Google Already Rooted and Hacked

In a recent article posted on the Forbes website entitled: Google Glass Has Already Been Hacked By Jailbreakers, is reported that just some days after its release Google Glass headset has been hacked by a well-known hacker Jay Freeman “Saurik”, who created the widely-used app store for jailbroken iOS devices known as Cydia.

Google Glass is a wearable computer with a head-mounted display (HMD) developed by Google. Google Glass displays information in a hands-free format like a smartphone. It can interact with the Internet via natural language voice commands. Google is considering partnering with sun-glass retailers such as Ray-Ban or Warby Parker, and may also open retail stores to allow customers to try on the device. The Explorer Edition cannot be used by people who wear prescription glasses, but Google has confirmed that Glass will eventually work with frames and lenses that match the wearer’s prescription; the glasses will be modular and therefore possibly attachable to normal prescription glasses.

Continue reading

Health Care Fraud: Sales Force Manipulation

In a recent article written by Bernard Vaughan and Jonathan Stempel entitled: U.S. sues Novartis, alleging kickbacks to pharmacies, Reuters reported that US government accuses Novartis Pharmaceuticals Corp. of paying kickbacks to pharmacies to switch kidney transplant patients from competitors’ drugs to its own and to oppose the use of a cheaper, generic immunosuppressant drug.

Since 2005 at least 20 pharmacies have got illicit payments from Novaris AG, a Swiss drug maker, to push up sales of its immunosuppressant drug Myfortic, said U.S. Attorney Preet Bharara.

Continue reading

Does the Land Patent Mean You OWN the Land Absolutely?

Can the Land Patent Help You Stop Property Tax Bills Lawfully?

The government gave away land as a benefit to the people and in accordance with the Constitution of America. But how it is in reality? Unfortunately, people know very little about either Land or their land rights today. Alan Kreglow tried to explain the whole concept of “land patents” and “property taxes” in his article entitled: Regain control of your land through a Land Patent process.

According to the History, the Treasury Department under President George Washington issued Land Patents granting absolute ownership of unclaimed lands within the states. That patent was a contract between somebody and the United States, which is superior to any other claim on the property. Alan Kreglow says, these Land Patents represented absolute ownership, including both appurtenant rights and hereditary rights:

1) the intangible Land (boundaries from center of the Earth out):

2) the tangible Real Estate (dirt, trees, etc.).

All together is known as “Allodial Title”.

Alan Kreglow claims that “Landowners” do NOT pay property tax. You pay, if you hold title by recorded deed. In this case you own “real estate” (appurtenances to the land), but in law, real estate is not “Land” (the boundaries themselves and all the empty space inside the boundaries). You are just a “tenant” on the land, not an owner, because the land patent is not accepted, what means that the OWNER of the land is missing.

Continue reading

Does the Surviving Boston Marathon Bomber Suspect Have to be Read Miranda Rights?!

In a recent article posted on the CNN website entitled: What are the Boston suspect’s legal rights?, was reported that Dzhokar Tsarnaev, the 19 year old Boston Marathon bombing suspect was put into prison Friday night.

Acoording to authorities, Dzhokar Tsarnaev was not read his Miranda rights when he was arrested. Miranda rights (also the Miranda Warning) is defined by Wikipedia as a warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.

The exact wording of the “Miranda Rights” statement is not specified in the Supreme Court’s historic decision. Instead, law enforcement agencies have created a basic set of simple statements that can be read to accused persons prior to any questioning:

- You have the right to remain silent;

- Anything you say can be used against you in a court;

- You have the right to have an attorney present now and during any future questioning;

- If you cannot afford an attorney, one will be appointed to you free of charge if you wish.

Continue reading

$ 3.5 Million Award for Wrongful Termination

In a recent article posted on The Employment Law Group Blog entitled: Federal Jury Awards Whistleblower $3.5 Million in Alaska Retaliation Case, is reported that a federal jury awarded Paul Blakeslee $3.5 million because of the illicit activity of his former employer. As it was proved, Shaw Environment & Infrastructure Inc fired Paul Blakeslee for reporting suspicious dealings by a manager of the company’s maintenance work on Alaskan military bases.

According to Mr. Blakeslee’s lawyers, the verdict included $2.5 million in punitive damages becoming so one of the largest judicial decisions in an employment case in Alaska history. It also may happen that after supplemental awards by the court, the final value of the verdict will pass $4 million.

Shaw Environment & Infrastructure Inc is a Louisiana-based contractor for the U.S. Army. The jury came to the conclusion that Shaw Environment & Infrastructure Inc fired Paul Blakeslee for reporting that the other manager was billing the Army at inflated rates for equipment leased from his own company. Shaw Environment & Infrastructure Inc stated the firing was independent, but the jury called it retaliation and said it violated the False Claims Act.

The question of discrimination was also raised in the court. As Mr. Blakeslee was 71 at the time he was fired, the jury accused Shaw Environment & Infrastructure Inc of age discrimination against Paul Blakeslee.

Continue reading

Unsecured Cargo Load Injuries

Trucks have an important function for the country’s commerce system. Every day, hundreds of them travel on the roads, carrying tons of heavy cargo. And it is absolutely necessary this cargo to be properly secured. Otherwise, there is a very high risk of the load to come loose and into contact with another vehicle, bicyclist, or pedestrian, causing very serious injuries or wrongful deaths.

There are many different hazards regarding unsecured truck loads, but the most common include improperly and inadequately held construction equipment being towed, automobiles being carried, and mobile homes being transported. This places obstacles in the road which can lead to accidents and injuries that can seriously injure or even kill drivers and passengers. In addition to being unsecured, cargo loads can also be improperly balanced, which can cause them to shift leading to poor braking, rollovers, and serious crashes on the nation’s roadways.

Drivers and other people using the roads can suffer serious injuries in Unsecured Cargo Load Accidents, such as:Plywood-in-window

- Overturned trucks on curves and corners

- Cargo or tarps falling onto the roadway

- Jackknife accidents when cargo shifts

- Hazardous cargo spills

There are strict limits on the total amount of weight trucks can carry on highways due to federal laws that are in place. Any truck that exceeds these limits are deemed to be overweight or overloaded and are in violation of the federal law because they take longer to stop and are generally harder to control. So, a large number of trucks on the road who are operating illegally, or who have cargo loads that are not properly secured put the public on roadways in danger.

In 2004, the AAA Foundation for Traffic Safety reported that 25 000 motor vehicle accidents are caused each year by unsecured cargo loads on highways. According to Bellotti Law Group these car crashes result in 80 to 90 fatalities and many more serious injuries, including broken bones, closed head injuries, traumatic brain injuries, paralysis, spinal cord injuries, and others.

unsecured cargo loadIn case you have been hurt because of unsecured cargo loads, you have to understand that you have legal rights and you may be able to bring forth a lawsuit to make those responsible account for your injuries. You should turn to a personal injury attorney who specializes in motor vehicle accidents immediately. These professionals can help you to obtain compensation for past, present, and future medical expenses, loss of income, loss of quality of life, pain and suffering.

Cases involving unsecured cargo loads can be quite complex because it is often difficult to determine liability. This is because the truck driver has a particular duty of care to inspect the load before the trip; however, the trucking company is required by federal laws and regulations to ensure cargo is properly secured for the driver. The shipper who arranges the load also has a duty of care to tie down and load the cargo properly. For these reasons, it is recommended not to act spontaneously and file a claim on your own, as you may overlook a responsible party.

Try to find a professional personal injury lawyer as soon as possible. Time is of great importance, because evidence needs to be collected, witnesses need to be interviewed, and legal paperwork needs to be filed in time. Various states have different statutes of limitations and missing just one deadline can ruin the chances of a favorable outcome.

Employment: How to Use Social Media in Your Job Search

A recent Forbes article written by Jacquelyn Smith entitled: How Social Media Can Help (Or Hurt) You In Your Job Search, provides some interesting insights into the world of employment opportunities through Social Media.

Most people know that Social Media is not just for connecting with one of your childhood or high school friends you haven’t seen for ages, and sharing what has been going on in your life. Nowadays you can use this on-line tool to maximum advantage to your career prospects.

In addition to a résumé, cover letter, or interview, many employers successfully use Facebook, Twitter, LinkedIn, and Google+ to get a more objective impression of a potential candidate or to connect with their current and former colleagues. These websites are also good resources for you to learn about companies you are interested in and hear about job openings at once.

This explains why nearly half of all job seekers are active on social networks every day, and more than a third of all employers and hiring managers use these sites in their hiring process.

According to Lee Hecht Harrison, a career transition and talent development consulting firm, 48% percent of job seekers are active on social networking sites on a daily basis, 19% log on about two or three times per week, 22% use social networking sites one to three times per month, or less. Only 11% of job seekers never use social networking websites.

Helene Cavalli, Marketing Vice President at Lee Hecht Harrison, and Greg Simpson, Senior Vice President at Lee Hecht Harrison, stated that Social Media is an increasingly important tool in a job search strategy, and job seekers must understand how hiring managers and recruiters are using social media in all phases of the selection process.

Last year, CareerBuilder.com surveyed 2,303 hiring managers and human resource professionals throughout the U.S. via an on-line poll asking if, how, and why they include social media into their hiring process.

According to the CareerBuilder survey, nearly two in five companies (37 %) use social networking sites to research job candidates. 15 % of the employers, who do not research candidates on social media, said their company prohibits the practice. 11% report they do not currently use social media to screen, but plan to start.

Though 12% of hiring mangers said they are using Social Media to uncover reasons not to hire a candidate, most said they are trying to dig deeper than the traditional interview to find out: 65% whether the job seeker presents himself or herself professionally, 51% whether the candidate is a good fit for the company culture, 45% want to learn more about the candidate’s qualifications, and 35% want to see if the candidate is well-rounded.

So, Jacquelyn Smith advises those job seekers who use social networks to be careful.

While candidates may be aware that their social profiles are public to employers’ watchful eyes, they may not realize their on-line personas are costing them a job. 34% of employers said the following social media discoveries led to a candidate not getting the gig:

“If you choose to share content publicly on social media, make sure it’s working to your advantage,” says Rosemary Haefner, Vice President of Human Resources at CareerBuilder. “Take down or secure anything that could potentially be viewed by an employer as unprofessional and share content that highlights your accomplishments and qualifications in a positive way.”

Brad Schepp, co-author of How To Find A Job On LinkedIn, Facebook, Twitter and Google+, says: Make sure any profiles you write are free of typos, the information is coherent and applicable to your industry [or job you’re trying to land], and your photos present you in a favorable light. You can verify the applicability of the information by checking profiles of others in the same field.”

Not all employers use social media to screen candidates out. 29% of hiring managers said some discoveries have led to them extending an offer:This means the job seekers shouldn’t just focus on hiding or removing inappropriate content. They should work on creating on-line profiles that do a really good job of representing their skills and experience in the workplace.

Brad Schepp shared tips for finding a job using social networking sites. Here’s what he suggests:

1. Create Relevant Profiles

Convincing, professional profiles, which include your job history, should demonstrate not only what you’ve accomplished, but where your strengths are and what you can offer future employers.

2. Network

Connect with others in your industry. LinkedIn’s Groups are an excellent place to do this, Schepp says. Join those groups that appear especially active and vibrant, and then introduce yourself to the other members.

3. Be Engaged

Follow companies in your field on LinkedIn and Twitter so you’re automatically notified about new hires, product developments, and other news. “Like” companies you’re interested in and join the conversation about industry trends on Facebook. This is a great way to demonstrate your expertise and value to a potential employer.

4. Be Known As A Resource

If you regularly answer questions on LinkedIn and provide links to great content on Facebook and Twitter, you are building your social capital.

5. Don’t Ask For A Job

Keep your name in front of people in a position to help your career. And instead of asking people outright for a job, make connections with the right people and let them see you are an intelligent, qualified candidate by updating your statuses several times a week, providing content to the groups you join, and tweeting about that interesting article you just read.

6. Search For Jobs

Websites Simply Hired, CareerBuilder, Monster and Indeed provide access to millions of job postings and are used by a proportionate number of job seekers. Improve the odds in your favor by looking for jobs on company Twitter feeds, on their Facebook pages, and in LinkedIn Groups.

7. Make A Plan

It’s also important to have a plan in mind when you set out to use these sites as part of a job search. Don’t try and do too many disparate tasks all day, every day. You’ll waste too much time and not do anything as well as you could have if you were more organized and disciplined. Work on your profile one day, join groups another, and follow companies a third.

Our Legal Bistro website is a great platform for lawyers’ career prospects. So, we hope the information above will be useful not only to our blog readers but also will help our lawyers become more attractive for their future clients.

The US Supreme Court is being asked to judge whether human genes can be patented

In a recent CNN article written by Bill Mears entitled: Justices at odds over patents for human genes, is reported that the US Supreme Court has heard on Monday arguments questioning whether the government should allow patents for human genes.

The lawsuit centers on whether companies and scientists could patent human DNA extracted from the body like a mechanical invention.

The case relates to nine patents on two human genes held by US biotech firm Myriad Genetics.

Myriad Genetics isolated two related types of biological material, BCRA-1 and BCRA-2, linked to increased hereditary risk for breast and ovarian cancer.

The company claims that the genes patented were “isolated” by them, making them products of human ingenuity and therefore patentable.

There are two completely different opinions to this so moot question. Scientists and companies argue patents stimulate medical innovation and investment that saves lives. But patient rights groups and civil libertarians accuse the patent holders are “holding hostage” the diagnostic care and access of information available to high-risk patients.

During the court hearing, people came together outside holding signs: “Your corporate greed is killing my friends”, “My genes are not property.”

According to Justice Stephen Breyer, the patent law is filled with uneasy compromises, because on the one hand, they do want people to invent, on the other hand, there is a worry about them tying up some kind of whatever it is, particularly a thing that itself could be used for further advance.

Justice Anthony Kennedy appreciated Myriad’s significant investment in time and money in its genetic studies and propounded that they might be given two-decade control over the genes for research, diagnostics, and treatment.

But a “chocolate chip” cookie analogy made by Justice Sonia Sotomayor demonstrated pretty clear that it is impossible to get a patent just isolating naturally derived products only for the particular process or use of the cookie. Indeed, it seems nonsense to apply for a patent for the basic items of salt, flour and eggs, simply because a new use or a new product from these ingredients has been created.

The patent system was designed long ago to encourage innovation, not to stifle scientific research and the free exchange of ideas and, what not less important is, not to discourage consumer accessibility to all new products.

All applications for getting a patent need a close examination based on applicable laws, in order to make right decision between abstract ideas and principles, and more tangible scientific discoveries and principles.

Medical science had traditionally avoided patents.

It is well-known that in 1952 Dr. Jonas Salk invented the polio oral vaccine. He announced his life-saving treatment, saying the people would “own” the vaccine, adding “Could you patent the sun?”

The sun does not come into question, but for the past 31 years, US authorities have been awarding patents on 20 percent of the human genes to universities and medical companies.

Nobody disputes the fact isolating the building blocks of life is not easy. Myriad has spent several years and hundreds of millions of dollars in its research.

Myriad Genetics is the only company that can perform tests for potential abnormalities of breast cancer genes. An initial test usually registers most problems, but the company also offers a second test, called BART, to detect the rest, a diagnostic that can cost several thousand dollars.

“Strong intellectual property and patent rights in the United States are critical to fulfilling our mission,” has said Richard Marsh, executive vice president and general counsel at Myriad.

Myriad points out the benefit for 1 million patients from its BRAC Analysis technology. 250 000 BRAC tests continue to be performed each year.

 Everybody agrees that BCRA testing has saved many lives, giving at-risk women the option of having their breasts removed as a preventive measure.

The average costs for the testing for patients is only about $100, as officials say. But there are others who disagree with these data.

Some patients have complained about too high prices for a second test, blaming the company for more interest in profits than patient care for those who cannot afford the second analysis. The company refuses in its turn to admit this as a truth.

Among those challenging the Myriad patents are sisters Eileen Kelly and Kathleen Maxian. Kelly was diagnosed with breast cancer at age 40.

Maxian made a BCRA test to be sure she was not at risk. Fortunately, it showed “negative”, but later the second BART testing proved positive, meaning the siblings carry the cancer-causing mutation all along.

Now the cancer is so advanced, that Maxian have only a 20-percent chance of being alive five years from now.

Money was not an issue for them, but Kelly and Maxian, along with a coalition of physician groups and genetic counselors say Myriad has not made the BART tests widely available for patients without a strong family history of these kinds of cancers.

ACLU‘s lawyer, Christopher Hansen, said: “Myriad did not invent the human genes at issue in this case, and they should not be allowed to patent them.”

But several justices raised concerns.

Justice Antonin Scalia asked: “Why would a company incur massive investment if it cannot patent an isolated gene?”

The Supreme Court rejected the appeal court’s conclusions, and is now reconsidering the case.

A ruling from the court is expected in June.

For more detailed disputes and other arguments, please read the entire CNN article.

Weight Discrimination: Obesity Is More Than Just Health Problems

Obese individuals discrimination. Isn’t that illegal? Do we have laws protecting against weight discrimination?

A recent Wall Street Journal article, entitled: Weigh More, Pay More on Samoa Air, reports that a tiny South Pacific airline is pioneering a radical pricing model that no other airline has dared to try: charging passengers based on their weight.

Samoa Air customers flying on short international distances are set to pay US $ 0.92 per kilogram for each flight.

According to the World Health Organization, about 55.5% of the country’s population over the age of 20 is considered obese, what explains why passenger weight is the matter of great importance for Samoa Air, which operates with smaller planes that seat between three and 10 passengers each. That means a grossly fat passenger could essentially reduce a plane’s capacity, which in its turn could cause a loss of company’s income.

“We are like a shopkeeper; we are selling weight. But with the weight goes the responsibility of being able to seat the passenger comfortably,” said Samoa Air Chief Executive Chris Langton to The Wall Street Journal. He paid attention to the fact that while a 160-kilogram person on Samoa Air will pay four times as much as a 40 kilogram person, the airline would ensure more space for the bigger passenger.

The change caused heated discussion on Samoa Air’s Facebook page, where many called for a boycott of the airline based on discrimination. There were others who absolutely commended the company for its decision on charging by weight.

While Samoa Air could wake up the profit-starved industry, many of the world’s airlines have so far been hesitating to gain advantage from passenger weight because of discrimination concerns.

There is no doubt that a great number of Americans are obese. According to F as in Fat: How Obesity Threatens America’s Future 2012, a new report from the Robert Wood Johnson Foundation and Trust for America’s Health, half of all American adults are expected to be obese by 2030.before

The social consequences of obesity include discrimination in employment, barriers in education, biased attitudes from health care professionals, stereotypes in the media, and stigma in interpersonal relationships.

As most cases involving weight are employment discrimination cases, and many of them are unsuccessful, in an article by Donna Ballman entitled: Is Weight Discrimination At Work Illegal?, are reported the top ways you might be protected under the law against discrimination if you’re overweight:

1. Disability DiscriminationThe Americans With Disabilities Act (ADA) protects employees from discrimination due to disabilities. EEOC considers morbid obesity to be a protected disability. If your life activity is essentially limited because of your weight, then you may be protected against discrimination.

Overweight people who are not “morbidly obese” but who experience weight discrimination cannot file claims under the ADA because they are not considered disabled. These unresolved issues, along with public perceptions that blame obese people for their own negative experiences, result in inconsistent court rulings and deter other overweight people from seeking legal recourse at all.

2. Sex Discrimination – Very often, women are expected to be slim but men aren’t. If your employer is holding women to different standards than men (or vice versa) then they may be guilty of sex discrimination.

3. Family and Medical Leave – If you need medical treatment because of your weight problems, you may be protected for days you miss work under the Family and Medical Leave Act. You can get protected leave for each of your doctor’s appointments, for up to a total of 12 weeks per year. You can use both intermittent and continuous FMLA leave as your doctor requires.

4. State and Local Laws – Very few, but nevertheless, some states and municipalities have limitations on appearance or weight discrimination (for example, Michigan has a state law).

However, if you are in none of the protected categories above, that all changes, and you have to fight your battles alone. Despite increased attention to the obesity epidemic, little has been done to stop the discrimination that obese people face every day. No federal laws exist to prohibit bullying and harassment against obese people. Many forms of discrimination are perfectly legal.

However, some of these “legal” kinds of discrimination may also have an illegal effect. Try to look around and see if what’s happening is really about sex, race, age, disability, pregnancy, national origin, or some other type of illegal discrimination.

Obesity is an extremely complex condition and it’s going to require many different solutions.

Dallas Charter Bus Crashes On Way To Oklahoma Casino

In a recent CNN’s article written by Jason Hanna and AnneClaire Stapleton entitled: 2 dead, dozens sent to hospitals after Dallas-area bus crash, is reported that a bus taking people to Oklahoma casinos rolled over on a Dallas-area toll road. The crash occurred Thursday morning.

The bus overturned on President George Bush Turnpike in Irving, Texas after it had slid onto the other side of the highway, according to the Texas Department of Public Safety. It’s unclear what caused the bus to veer.

Unfortunately, there are many victims as a result of this accident. Two people died and at least 44 people were taken to hospitals and at least three were in critical conditions, officials said. As the chairman of emergency medicine at Dallas’ Parkland Memorial Hospital said, most of the passengers on the bus were elderly. The bus driver remained alive and was sent to the hospital with other passengers.

According to Dr. Alex Eastman, who treated some patients at Parkland, of the 15 people brought to that hospital, four were in critical condition and 11 had non-life-threatening injuries. Most of the injured were deeply shocked.

This charter bus accident is investigated by The National Transportation Safety Board.