So today reports are surfacing that Bernard Madoff, the perpetrator of the largest Ponzi scheme in history, is dying of cancer in a North Carolina Federal Prison.

The 71-year-old is reportedly taking 20 pills a day to treat his cancer and has told other inmates that he does not have long to live.

“Lawyers for Madoff have not yet responded to the reports, although they earlier declined to respond to questions on the matter when speculation arose earlier this year that he was suffering from pancreatic cancer. His wife, Ruth, has also declined to answer questions regarding the matter.”

“Madoff is currently serving a 150-year sentence in Butner, N.C., for swindling $65 billion from thousands of investors. He pleaded guilty to 11 felony charges in March and was sentenced in June.”

It is not been stated what from of cancer Madoff is suffering from, but there have been reports that he has been attending “Native American religious purification ceremonies” that use heat rocks and ceremonial pipes.

“Madoff is also being recruited by various prison “gangs,” and some prisoners have been cooking him sandwiches in their cells.”

Check out the original article: Bernard Madoff Apparently Dying Of Cancer

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com. SmartRules provides step by step guides to local rules and civil procedure for state courts & federal courts throughout the country.

Popularity: 34% [?]

This would be quite possibly one of the most embarrassing reasons to get fired. Well, I could think of a lot more that would be more embarrassing, but this is pretty bad…

The  former chief counsel at a multinational corporation was forced to resign after stealing food from his companies on site cafeteria. The Supreme Court of Kansas disciplined Troy H. Ellis after a video camera caught him stealing food.

According to the companies website, the company, which a subsidiary of Koch Industries, is the world’s largest producer of nylon and spandex, and it has locations in 24 countries.

“The Kansas Supreme Court’s April 17 decision issued a public censure against Ellis, who was forced to resign after the theft at Invista’s Wichita, Kansas, office came to light in 2007. The court found that he had violated the rules of professional responsibility by failing to “maintain his personal integrity” and by causing “actual injury” to the legal profession.”

Ellis said “I think I was just overworked.” Said Ellis, “I made a mistake.”

“Ellis could not be reached for comment. A spokeswoman for Invista (the food service company) declined to comment on the court decision or Ellis’ employment with the company. On the audio recording from the hearing, Ellis said that he had received the biggest promotion of his career just prior to committing the theft. He had worked for the company for six years. “

That was an awefully expensive bag of cheetos and sandwich.

During a five-day period in September 2007, Ellis eight times loaded a tray with food and left the cafeteria without paying. After cashiers at the cafeteria noticed his behavior, security employees installed a video camera that caught him in the act. The senior vice-president and general counsel of Koch Industries, confronted Ellis, who denied it until he was presented with video evidence.

The same day, Ellis sent Holden an e-mail that said he was “embarrassed and disgusted” with himself. “I lied. I stole. I violated the Code of Conduct,” he wrote.

His e-mail continued: “I have had to tell my parents, who are here, my wife and my children what I did. I received no sympathy and the same question — why? I have no good answer.”

That’s the way the Cheeto’s Crumble.

To view the original article, click here.

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com.
SmartRules provides step by step guides to local rules and civil procedure for state courts & federal courts throughout the country.

Popularity: 5% [?]

It wasn’t that long ago that there were only a handful of ways one could surf the Internet. As recently as 2002, Microsoft’s Internet Explorer had close to 90% penetration, which meant that web pages really only had to be coded for that one browser. Today, Mozilla Firefox, Google Chrome and Opera are taking bites out of Microsoft’s dominance, and now, there is a new tool that can be used to surf the Internet, reach out to clients and more. Smart phones are phones that have Internet access and can browse web pages, but is your website ready for this new innovation? Let’s take a look at how Smart Phones are changing the world of business in the 21st century.

Since Smart Phones make web browsing a portable endeavour, it also means that email is now portable, as well. You no longer have to call someone on their cell to reach them when they are away from their desk, which means that the world of business is speeding up. More business is now able to get done from more locations than ever before, which means longer hours, more stress and more pressure to perform than ever before.

Not only do Smart Phones make the world of business smaller, they may eliminate the centralized business office forever. It is no secret that more and more people are working from home than ever before and now that Smart Phones make working away from a desk easier than ever, there isn’t much of a reason to have a desk in the first place. As technology improves, teleconferencing, video phone calls and other applications will make offices even more irrelevant. Soon, the idea of “going into work” may seem as antiquated as rotary dial telephones.

One of the biggest obstacles that any office environment must face is communication. Management in some offices have gotten rid of cubicle walls so that coworkers can speak freely and share information to increase productivity, and there is no reason to think that Smart Phones can’t have the same kind of impact. At its heart, a Smart Phone is a communication device, but it also so much more. The iPhone, for instance, is packed with productivity software, communication tools and ways to share information like never before. If any creation can help an office stay in touch with each other, it is a Smart Phone.

Finally, Smart Phones like the iPhone may finally help the entire business community communicate in the same language. Just like the battle between Mac and PC has been raging in high schools and college classrooms around the world, businesses have been choosing sides, as well. For businesses that pick the iPhone over other Smart Phones, a switch to a Mac-based office is almost guaranteed. The real question will be which of the Smart Phones will become the business standard. The winner may help to write the next fifty years of business technology from sea to shining sea.

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com, the first online practice guide for the national litigator and the national litigation practice.

Popularity: 15% [?]

A September 2007 decision in which a York County, Pa., judge invalidated a marriage because it was performed by a minister who was ordained via the Internet was the catalyst for litigation over the validity of a ministers credentials and what exactly defines a church.

“A minister ordained over the Internet who has no congregation and no church to preach in is nonetheless empowered under Pennsylvania law to preside over marriage ceremonies, a Bucks County judge has ruled.”

“The Dec. 31 decision by Judge C. Theodore Fritsch Jr. in In re O’Neill directly conflicts with a September 2007 decision in which a York County judge invalidated a marriage because it was performed by a minister who was ordained via the Internet.”

In the 2007 case Heyer v. Hollerbush , a judge held that the marriage of Dorie Heyer and Jacob Hollerbush never existed because the Universal Life Church minister who conducted it did not serve a congregation or preach in a physical house of worship.”

As a result of the judges decision, registers of wills in counties throughout Pennsylvania began telling prospective couples that marriages performed by ministers who don’t serve a congregation or place of worship are not valid and some counties were even telling couple to get remarried.

As a Result, Attorney Mary Catherine Roper of the American Civil Liberties Union Of Pennsylvania  went to court on behalf of three couples seeking legal declarations that their marriages are valid.

Now, with Fritsch’s decision, Roper has won all three cases and, in the final case, a written opinion that rejects the previous judges’ analysis.

To view the original article, click here

Popularity: 8% [?]

RealDealDocs.com, the Online Sample Legal Document Source Releases Employment Agreement Drafted by Amlaw Top Law Firm Akin Gump

RealDealDocs.com offers various online legal documents from agreements to contracts for your download and printing convenience. This release contains the employment agreement for Allscripts Inc. drafted by Amlaw top revenue per lawyer firm Akin Gump released by RealDealDocs.com.

Chicago, Illinois - RealDealDocs.com, a rising online leader in sample legal documents, has released the employment agreement for Allscripts Inc. that was drafted by Amlaw top revenue per lawyer firm Akin Gump.
An employment agreement is a legal document entered into between an employer and an employee at the commencement of the period of employment and stating the exact nature of their business relationship, including roles and responsibilities, compensation etc. The Allscripts Inc. employment agreement with Laurie McGraw was formed to secure the position of Executive Vice President, Client Services and details the terms of employment, effective date & term, compensation, benefits, early termination, non competition and confidentiality.

RealDealDocs.com is offering a complimentary copy of the Akin Gump law firm Allscripts Inc. employment agreement as a template for professionally drafted legal documents. The law firm of Akin Gump is a well respected, Amlaw celebrated law firm that was named the top profit per partner of the year by the Amlaw publication. In celebration of this honor, RealDealDocs.com has decided to release this employment agreement free of charge via the link at the bottom of this text.

Amlaw is both a website and magazine focused on legal businesses and lawyers around the world. It is a respected leader in daily news in the legal industry. Every year this respected publication publishes categorized lists of its picks of the best law firms. This annual Amlaw occurrence is the equivalent to the Academy Awards for lawyers! And RealDealDocs.com is happy to host and provide the work of many of Amlaw’s top picks.

All of the documents at RealDealDocs.com are drafted by top US law firms; including documents from Fortune 500 companies and small cap companies alike. From the National Law Journal‘s top 250 law firms, 40 of them use the RealDealDocs.com technology. And a majority of the law firms honored in the Amlaw review have their work on display and available at RealDealDocs.com.

Lawyers who use RealDealDocs.com, do so in order to lower the amount of time needed to draft a legal agreement. Even business professionals can use RealDealDocs.com in an effort to research a company or see how they handle various legal transactions.

Visitors at RealDealDocs.com can search nearly one million documents and 10 million clauses for free. As a member of RealDealDocs.com you can also edit, save and download these documents in a printer-friendly format for your own use.

RealDealDocs.com provides an enormous variety of contracts and agreements for companies in every industry from banking, clothing and marketable goods to the defense industry. And with over 10 million legal documents and clauses in addition to the Allscripts Inc. employment agreement, RealDealDocs.com has secured itself as an online leader in sample legal documents.

To view the Allscripts Inc. Employment Agreement: http://agreements.wordpress.com/2008/06/02/allscripts-employment-agreement-from-realdealdocscom/

To view other Employment Agreements: http://agreements.realdealdocs.com/Employment-Agreement/

To view Employment Agreements From Your State: http://agreements.realdealdocs.com/Employment-Agreement/states/

Popularity: 4% [?]

There are many reasons why people quit law school - it’s a difficult and taxing time for any students, and thousands quit at the start of their first year. Let’s look at the top 10 reasons why students drop out of law school.

1. Cost - The primary reason that people leave law school is because of the cost. It is very expensive to go to law school. Law school students will amass over $100,000 of student loan debts that they will be paying back for quite some time. While it’s true that lawyers do make a lot of money, they don’t start out that way and these debts can be a little overwhelming.

2. Job competition - Finding a job after law school is very difficult and there is a lot of competition for the best jobs. Jobs at top law firms throughout the country are highly competitive for students just out of school. This is something that even first year law school students learn quickly. Coupled with the massive debt, students are all the more deflated when they find out they will likely be making under $40,000 for the first five years after they are out of school - put this up against more than $100,000 in student loans and you find many students dropping law school for cheaper schooling careers.

3. Hours - Law school takes a lot of time - not only do you have to attend classes, you have to spend hours upon hours cramming the information into your head for the examinations and, eventually, the bar. Many law school students still want to have a social life and find that they don’t have any because of the studying and homework they have to do. As a result, this cycle doesn’t end out of law school - the hours in a law firm are long and arduous too.

4. The Bar Exam - The bar is a brutal exam - two to three days of testing of questions that are hard to answer because it seems a real answer doesn’t exist. The preparation for the bar exam is intense - months of studying and cramming. Over 40 per cent of law students fail the bar on the first try which means doing it all over again in six months. Over 33 per cent of law students fail the bar on the second try.

5. Lack of Applicable Knowledge - Law school focuses on how to make you think like a lawyer, which doesn’t really translate well to the work you will be doing. Many students figure this out in the first term of law school and find out that this isn’t what they want to be doing.

6. The Need for Money - Most law school students need to have a part time job to help pay for school, and work full time during the summer. Breaks aren’t spent having fun partying with friends, rather they are spent working to improve a resume and the time off from work is spent studying and reviewing material.

7. Brutal Competition - Most law school students figure out before they even get to law school that college will be a time of buckling down to get the work done. All students know that it’s imperative to be near the top of the class - those are the students that land the high paying jobs. However, not all students can be at the top of the class so the competition in class is brutal, resulting in a lack of social scene; not to mention the long hours of working and studying that are also cramping their social life style.

8. Difficult Teaching Styles - Many law students can’t take the heat from their professors, who are arrogant and pretentious while they are trying to drill a bunch of information into their heads.

9. Final Examinations - The final exams for any semester are almost as grueling as the bar exam itself.
10. Dealing with Others - many people will ask a law student about law, trying to get lawyer information for free on an issue they are having. Law students can do nothing to stop this endless harassment - it is something they will cope with from friends and family forever. Many can’t take the constant barrage of questions and queries and thusly drop out of law school before it becomes a life long nightmare.

This is just the tip of the iceberg for reasons why law school students leave law school. If you are a law school student, you need to seriously weigh your options - school loan officers don’t care if you drop out - you’ll still have to pay those back. Is dropping out worth it?

Click on one of these links to check out sample legal documents drafted by Amlaw 200 Law Firms for Fortune 500 Companies.

Popularity: 11% [?]

There are many different qualities that people assume make a lawyer a good one. Most commonly, people think the top five qualities of a top lawyer are:

1. The number of cases they’ve won.
2. The high amount of money they make (and thusly charge).
3. The nature of their defence and prosecutorial techniques.
4. The number of high profile clients they have.
5. The ability to charm a jury and the media.

However, the true qualities of a top lawyer do not include any of the above five examples. Those qualities are the perception of a top lawyer, but it isn’t what you would look for in a lawyer if you were to require one to try a case for you or a loved one.

Excellent lawyers have a very different set of skills that make them a top lawyer, and chances are they aren’t rich, don’t have high profile clients, don’t have a reputation for being ruthless and likely have a high moral reputation instead.

Let’s look at the top five qualities of a top lawyer that will help you choose one should you require their services.

1. Good Communication Skills
A top lawyer will have excellent communication skills - not just to wow a court room, charm a jury or appease the media, but also to converse with their clientele of any gender, religion, race, color or creed, discuss issues with other lawyers, perhaps even the opposing lawyer in a court case. Communication skills are expansive and are a pinnacle quality of a top lawyer.

2. Consistency, Persistency and Reliability
A top lawyer will be consistent and reliable. You should have access to your lawyer to speak with him or her on a regular basis without being waylaid by their secretaries at every turn. Reliability is important to ensure that your lawyer will do what they say they will do, and that their methods within your case are consistent. Your lawyer should be persistent in championing for you (their client) and what is in your best interest and the best interest in upholding the law.

3. Logical and Knowledgeable
Any lawyer should possess logical thinking skills - the ability to work through issues in theory and logically deduce the best course of action. They should be able to think ahead of the game and be knowledgeable about their client, the case, the opposition and of course, the law.

4. Value for Money
A top lawyer does not necessarily need to charge an exorbitant fee. A top lawyer should, instead, deliver value for your money. Fees should be in line with the services they offer and should be reachable, affordable and unquestionably clear.

5. Accepts their weakness and is able to ask for help
No one, not even a top lawyer, has all the answers all the time. Therefore, it is important that a lawyer be able to accept and acknowledge their weaknesses in order to perform at their highest abilities. A top lawyer will be able to ask for help when they need it, from whatever source is best to receive the answer. Putting pomp and circumstance aside, as well as ego and pride, a top lawyer is not afraid to admit they just don’t have an answer but does promise to find one and then works hard to do so.

Today, it can be difficult to wade through the popular opinion of what makes a top lawyer in order to find one that truly has the skills, traits, personality and ethics that make a lawyer an excellent practitioner.

Click on one of these links to check out sample legal documents drafted by Amlaw 200 Law Firms for Fortune 500 Companies.

Popularity: 5% [?]

For some people, the thrill of the negotiation is akin to the thrill the rest of us receive on a giant roller coaster. When asked why they majored in business, droves of successful businessmen routinely answer, “to negotiate.” The key, of course, to successful negotiating is knowing when you have your opponent on the ropes. Being able to tell if someone is lying is important if you are a judge, a poker player or a Fortune 500 Company CEO. Let’s take a look at some aspects of lying that can give you the upper hand at the negotiating table.

There are two types of business negotiations, casual and intense. A good negotiator knows how to look for tells in both kinds of negotiations, and there are quite a few things that show up no matter what. The first, and the most clichéd, is a nervous tick of some sort that the opponent doesn’t even realize he or she is doing. It could be taking a drink of water, touching their ear, a funny sounding laugh, anything. It is your job to look for patterns to find behaviors that the person across from you is doing over and over again.

Another revealing point that many people have is using extreme sarcasm when asked a question. Instead of simply saying no, or telling you that their company wouldn’t possibly do that, their voice raises several octaves and they feign surprise or use exaggerated body language. If you listen closely when this happens, they seldom deny the accusation you just made. They instead choose to make light of it. This is a common tell that most people don’t even realize they are making.

Sudden changes in posture or facial expressions are often common aspects of lying. If the person on the other side of the table tells you something than suddenly crosses their arms and sits back while dramatically exhaling, it could simply mean that they are tired and in need of a break, but if this behavior happens several times during a single negotiation, it could be a sign that he or she is lying.

Probably the most reliable sign that someone is lying is a sudden increase in anger or defensiveness. It is the most common physical manifestation of lying since it is natural for the liar to try to deflect or project their insecurities on to the person that they are speaking with. If you notice a sudden outburst or a sudden accusation lobbed at you for no apparent reason, that’s a good sign that they are lying. If a negotiation does this on a regular basis, it is safe to assume they aren’t very good at their jobs.

Finally, if you feel like you’ve gotten into a negotiation with a seasoned pro, you might have to look for tiny tells like blinking or the amount of perspiration the other person is doing. A good negotiator knows their own signs and learns to cover them up. Ask any frequent poker player - a tell can ruin your hand or your negotiation in a heartbeat.

Click on one of these links to check out sample legal documents drafted by Amlaw 200 Law Firms for Fortune 500 Companies.

Popularity: 39% [?]

The number of strategic alliances in the U.S. is surging. More than 20,000 new alliances were formed between 1987 and 1992, compared with 5100 between 1980 and 1987 and 750 during the 1970s. Nearly 6 percent of the revenue generated from the top 1000 U.S. firms now comes from alliances, a fourfold increase since 1987. Japanese firms are far more experienced and comfortable with alliances than U.S. firms. A recent survey revealed that 74 percent of Japanese CEOs think alliances are effective, while only 4 percent think they are dangerous; in the U.S. the respective numbers are 17 percent and 31 percent.

Alliances generally achieve a higher return on investment (17%) than U.S. industry in general (11%). The higher return is a direct result of leveraging partners’ resources and assets, requiring lower investment to produce greater incremental returns. Alliances also showed a greater success rate (60%) than outright acquisitions (50% success) or venture capital arrangements (25% success).

Basic types of strategic alliances include:

• Licensing technology or intellectual property
• Joint research and product development
• Cross-purchase agreements
• Manufacturing arrangements
• Sales/marketing arrangements.

Popularity: 8% [?]

There are some key issues to look out for when drafting a Strategic Alliance Agreement. The most important provision to include, in my opinion, is a “No Partnership” provision. A strategic alliance is different in purpose and form than a partnership, and the agreement should expressly reflect the intentions of the parties not to form a partnership. The legal status of “partnership” involves a whole series of rights and obligations that neither party to a strategic alliance would like to assume. Therefore, a “No Partnership” provision must be included and must clearly stress that the parties do not intend to create a partnership in this agreement.

A second key area to deal with is a provision addressing confidential information. Parties to a strategic alliance will inevitably share proprietary and confidential information to realize the purpose and goals of the arrangement. Thus, the agreement must include a “Mutual Nondisclosure” provision that defines “Confidential Information” and expressly states the respective parties’ rights and obligations in respect to this confidential information. Most likely, each party will want a promise from the other that they will not disclose confidential or proprietary information to third parties.

In addition, the agreement should address the contributions of each party. In other words: What will each party be bringing to the agreement? Capital contributions of cash, intellectual property (patents, trademarks, copyrights), technology transfers or licenses, distribution network, market access, personnel and other transfers of resources are key components of the alliance agreement.

The alliance agreement should also provide a mechanism for dealing internally with disputes between the parties. This provision may set-up a board, composed of members from both parties, responsible for hearing and resolving disputes. Due to concerns of both time pressure and wanting to maintain internal harmony, partners to an alliance will likely not want to send matters of internal dispute to an outside arbiter. Thus, the agreement should provide a mechanism for dealing with problems or disputes internally.

The sharing of risks and rewards is central to a strategic alliance. This issue is generally the most fiercely negotiated item in any alliance agreement. Profit sharing in proportion to each party’s ownership interest in the alliance is often used. This does align the interests of all parties because each seeks to maximize profit. Losses can be shared in the same manner or limited to the extent of capital contribution. Great care must be taken in defining how net profits will be calculated.

In conclusion, when negotiating strategic alliance agreements, a “no partnership” provision must be prominently included, and the issues of confidentiality of information, party contributions, and allocation of risks and rewards generally require substantial negotiation. If the parties approach that negotiation creatively and work cooperatively to consider a variety of options, provisions can be negotiated that provide acceptable protection to all parties and support a common strategy.

Popularity: 7% [?]