Nooks and Crannies

The parent company of Thomas’ Enlish Muffins, Bimbo Bakeries, is suing long-time executive Chris Bottecella from going to rival Hostess Brands.  Bottecella is very important to Bimbo Bakeries because he, along with six other people, know the secret recipie to those nooks and crannies, and Bimbo Bakeries is afraid that he’s going to reveal those secrets to Hostess Brands.  A Federal judge in Pennsylvania has issued a temporary restraining order on Bottecella from joining Hostess Brands until a trial can determine if he’s likely to reveal Bimbo Bakeries trade secrets.  Bottecella is appealing the decision, but remember the standard of proof is very high to overturn a decisio

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Florida Bar Regulates Social Media

The Florida Bar has adopted guidelines for using sites such as Facebook, MySpace and Twitter.  If you are admitted to the Florida Bar you are highly encouraged to read about them.

What is really interesting is that you may be responsible for what others post on your site.  If you are in control of your page, you must remove any noncomplying posting from your account.  If you are not in control of your page, you must make a diligent attempt to get the third party to remove the noncomplying posting.

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Craiglist Post

A California state appeals court reinstated a lawsuit by Richard Gibson against Justin Swingle for comments Swingle made on an advertisement by Gibson on Craiglist, holding Swing’s comments “were not part of political speech nor speech on a matter of public interest”.

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Forwarding an Email = Libel

Recently, in an interesting case out of the US Bankruptcy Court for the Southern District in Texas, the court allowed David Wallace, mayor of Sugar Land, to sue William Perry for sending an email containing a link to a blog post that made false and defamatory statements, though Perry himself did not write the blog post.  So next time you forward an email, think about what you are sending.

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Boilerplate

Some lawyers think using boilerplate is a great idea.  For one, it cuts down on the cost of drafting a contract.  Another is lawyers become familiar with the document. 

One thing lawyers don’t think about when using boilerplate is how the boilerplate is to be interpreted.  Can you use extrinsic evidence?  Gap-filing? Etc.  Is it to be strictly construed against the drafter, if the drafter can even be identified?  Next time you have a lawyer draft a contract, ask them about boilerplate interpretation.

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Property Damages

The 11th Circuit upheld the trial court in Eastpointe Condominium I Asn. Inc. v. Travelers Casualty & Surety Company.  In that case, a unit owner sued the association claiming the association failed to maintain the property adequately.  The association tried to get their D&O carrier to defend the suit.  The D&O carrier declined because, as they reasoned, it was a “property damage” claim.  The 11th Circuit agreed.

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Another Biden Blunder

With Biden calling Brussels the capital of the free world, Fox News recently compiled a list of other gaffes by the man one heart beat away from the Presidency:

— On May 6, 2010, Vice President Biden said in an address to the European Parliament in Belgium that Brussels could be the “capital of the free world.” 

The comment came at the top of a speech used to discuss the threats of nuclear proliferation, climate change and international terrorism. 

“As you probably know, some American politicians and American journalists refer to Washington, D.C. as the ‘capital of the free world,'” Biden said. “But it seems to me that in this great city, which boasts 1,000 years of history and which serves as the capital of Belgium, the home of the European Union, and the headquarters for NATO, this city has its own legitimate claim to that title.” 

— On March 23, 2010, Biden stated the obvious when he told President Obama, “This is a big f—ing deal,” during the bill-signing ceremony for the health insurance overhaul. Biden apparently thought the exchange was private, but the television microphones picked it up. The president must have realized what happened — Biden later said in an interview that Obama was “laughing like the devil” after the event. 

— On March 17, 2010, Biden used a St. Patrick’s Day celebration at the White House to honor the memory of the Irish prime minister’s mother — though she was alive. 

“God rest her soul,” Biden said as he introduced Brian Cowen and Obama. Biden quickly corrected his mistake, noting that Cowen’s father, not mother, was dead. 

“Wait … your mom’s still, your mom is still alive. It was your dad (who) passed. God bless her soul. I gotta get this straight,” Biden said. 

— On July 16, 2009, Biden gave a blunt summation of the administration’s approach to stimulus spending. 

“People, when I say that, look at me and say, ‘What are you talking about, Joe? You’re telling me we have to go spend money to keep from going bankrupt?” he said at a stop in Virginia. “The answer is yes.” 

— On July 5, 2009, in an interview with ABC’s “This Week,” Biden conceded that the White House team “misread how bad the economy was.” His confession came as unemployment hit 9.5 percent, despite the administration’s insistence that it would hold to 8 percent with the stimulus plan. 

— On April 30, 2009, Biden gave advice on dealing with swine flu that seemed to contradict President Obama’s warning not to panic. Speaking on NBC’s “Today,” Biden, a longtime Amtrak rider who has commuted for decades daily from Delaware to Washington, D.C., said he wouldn’t advise family necessarily against going to Mexico, the source of the H1N1 outbreak, but he wouldn’t tell them to get into any small area like a subway car, automobile, classroom or airplane. 

“I would tell members of my family, and I have, I wouldn’t go anywhere in confined places right now,” Biden said. “It’s not that its going to Mexico, it’s that you are in a confined aircraft when one person sneezes, it goes everywhere through the aircraft. That’s me.” 

— On March 13, 2009, Biden addressed a former Senate colleague by saying, “An hour late, oh give me a f—-ing break,” after he arrived on Amtrak at Union Station in Washington, D.C. The vice president’s expletive was caught on a live microphone. 

— During a Feb. 25, 2009, interview on CBS’ “Early Show,” Biden encouraged viewers to visit a government-run Web site that tracks stimulus spending. When asked for the site’s web address, Biden could not remember the site’s “number.” 

“You know, I’m embarrassed. Do you know the Web site number?” he asked an aide standing out of view. “I should have it in front of me and I don’t. I’m actually embarrassed.” 

— At a Jan. 30, 2009, swearing-in ceremony of senior White House staff, Biden mocked Chief Justice John Roberts for his presidential oath blunder on Inauguration Day. 

“Am I doing this again?” Biden said, after Obama asked him to administer the oath. When Biden was told the swearing-in was for senior staff — and not cabinet members — the vice president quipped, “My memory is not as good as Justice Roberts,” prompting a stern nudge from Obama. 

— On Inauguration Day, Jan. 20 2009, Biden misspoke when he told a cheering crowd of supporters, “Jill and I had the great honor of standing on that stage, looking across at one of the great justices, Justice Stewart.” Justice John Paul Stevens — not Stewart — swore Biden in as vice president. 

— When criticizing former GOP nominee John McCain in Athens, Ohio, on Oct. 15, 2008, Biden said, “Look, John’s last-minute economic plan does nothing to tackle the number-one job facing the middle class, and it happens to be, as Barack says, a three-letter word: jobs. J-O-B-S, jobs.” 

— In a Sept. 22, 2008, CBS interview, Biden misspoke when he said Franklin D. Roosevelt was president when the stock market crashed in 1929. 

“When the stock market crashed, Franklin D. Roosevelt got on the television and didn’t just talk about the, you know, the princes of greed. He said, ‘Look, here’s what happened,” he said. 

Herbert Hoover — not Roosevelt — was president in 1929, and television had not yet been invented in 1929. 

— During a Sept. 12, 2008, speech in Columbia, Mo., Biden called for Missouri State Sen. Chuck Graham, who is wheelchair-bound, to “stand up.” 

“Oh, God love ya,” Biden said, after realizing his mistake. “What am I talking about?” 

— At a Sept. 10, 2008, town hall meeting in Nashua, N.H., Biden said, “Hillary Clinton is as qualified or more qualified than I am to be vice president of the United States of America. Quite frankly, it might have been a better pick than me.” 

— Biden mistakenly referred to Alaska governor Sarah Palin as the “lieutenant governor” of her state during a town hall meeting on Sept. 4, 2008 at George Mason University in Manassas, Va. 

“I heard a very, by the way I mean this sincerely, a very strong and a very good political speech from a lieutenant governor of Alaska who I think is going to be very formidable, very formidable not only in the campaign but in the debate,” Biden said. 

— Biden said he was running for president — not vice president — during a Sept. 1, 2008, roundtable discussion in Scranton, Pa. 

“Today is the moment for me as a United States senator running for president to put aside the national politics and focus on what’s happening down there,” Biden said. 

— Biden referred to John McCain as “George” during his vice presidential acceptance speech on Aug. 27, 2008, at the Democratic National Convention in Denver, Co. “Freudian slip, folks, Freudian slip,” he explained. 

— Biden confused army brigades with battalions when speaking about Obama’s plan for sending troops to Afghanistan. 

“Or should we trust Barack Obama, who more than a year ago called for sending two additional combat brigades to Afghanistan?” 

— During his first campaign rally with Obama as his vice presidential running mate on Aug. 23, 2008, Biden introduced Obama by saying, “A man I’m proud to call my friend. A man who will be the next President of the United States — Barack America!” 

— On Jan. 31, 2007 — the day Biden announced his presidential bid — the Delaware Senator was roundly criticized for calling Obama “the first mainstream African-American who is articulate and bright and clean and a nice-looking guy. I mean, that’s a storybook, man.”

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Tax Breaks for Your Kids!!!

The new HIRE act provides that for any new employee hires after February 3, the employer does not pay 6.2% Social Security taxes on the worker’s wages from March 19 through the end of this year. The tax is computed on gross wages, so the savings on $40,000 of pay would be nearly $2,500. If the worker stays on the payroll for a year, the employer can get a dollar-for-dollar tax credit of up to $1,000 on the 2011 tax return.  But to hire your spouse, children, etc., the following rules apply:

Sole proprietors can claim HIRE benefits from hiring a spouse but not other relatives.

Partnerships, such as LLCs and LLPs, may hire spouses and other relatives, with exceptions. If the only partners are a husband and wife, they can’t take the benefits for hiring a relative. The breaks are also unavailable to a partnership that hires relatives of a partner who has more than a 50% interest. Two unrelated partners, each with a 50% interest, are free to hire their spouses and relatives and take the benefits.

Subchapter S and C corporations: The firm can’t take HIRE breaks for relatives, including a spouse, of a shareholder who owns more than 50% directly or indirectly. The rules add together related owners: if four siblings each own 25% of an S-corp., then the relatives of all are off-limits.

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Google Developer’s Conference

Minyanville has great coverage of the Google Developer’s conference.  They discuss Google’s answer to Apple’s App Store, Google’s attempt to wrap Chrome with ASP service of word and spreadsheet processing, the next generation of Android, and, what excites me the most, the debut of Google TV which is a huge leap forward in intergrating television with web content.

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Panna Cotta

One of my favorite desserts:

Ingredients

4 sheets gelatin
4 cups heavy cream
1 cup sugar, plus 2 tablespoons
1 vanilla bean (or 1 tablespoon of vanilla extract)
1/4 cup high quality balsamic vinegar
Special Equipment: 6 (6-ounce) serving dishes
Directions
In a small bowl, submerse the gelatin sheets in cool water to soften.

In a small saucepan combine the cream and 1 cup sugar. Slit the vanilla bean lengthwise and scrape the seeds. Add the seeds and the hull of the vanilla bean to the saucepan (or add the tablespoon of vanilla extract). Whisk to combine. Bring the mixture to a boil and turn off immediately. Remove the softened gelatin sheets from the cool water and whisk into the hot cream mixture. Remove and discard the vanilla bean. Pour immediately into serving dishes and refrigerate for 2 to 3 hours or overnight.

Changes

Preheat the oven to 350 degrees F. Toss the figs together with the remaining sugar and balsamic. Let macerate for about 15 minutes. Roast in the preheated oven for 15 minutes or until the figs are soft and the sugar and balsamic have started to caramelize on the figs.  Top the panna cotta with the roasted figs.

Instead of using vanilla, use 13 ozs of chocolate hazelnut spread or 3 heaping teaspoons instant espresso powder, or add 2 oz bourbon.

Combine 1 package of gelatin with half a cup of cranberry juice. Bring  1 1/2 cups of juice to a boil and stir into gelatin mixture to dissolve any solids. Pour into a squeeze bottle.  Squeeze mixture over panna cotta right before serving.

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