Monday, November 28, 2011

PTSD Controlled by a Shot?

By Jim Fausone
Veterans Disability Attorney

The number of troops that return with PTSD (Post-Traumatic Stress Disorder), can range as high as 30% of the force in combat. Some veterans suffer mild PTSD and with counseling and support can get past it. Many others are debilitated by the effects of war and post-traumatic stress. A Chicago based anesthesiologist has proposed that a shot of a local anesthetic in the neck, a stellate ganglion block, can and will provide relief.

Dr. Lipov explains there is a group of nerves in the neck called a stellate ganglion that is a part of the sympathetic nerve system; which among other things sends pain messages to the brain and controls stress, including the fight-or-flight response. When someone experiences trauma, the stellate ganglion produces an increased amount of nerve growth factor, which causes excess nerves to sprout in the brain, according to Lipov. This leads to overactive stress response and anxiety, Dr. Lipov hypothesizes. By injecting the stellate ganglion with anesthetic, the nerve growth factor returns to normal levels, the excess nerves die off and the symptoms subside. The shot settles down the sympathetic nervous system, resetting the brain to where it was before the trauma. Dr. Lipov has tried this on 12 PTSD patients with success while an Army doctor, Lt. Col. Sean Mulvaney, replicated those same results with 15 PTSD patients at the Walter Reed Army Medical Center.

But a full scale clinical trial costs money and the DOD (Department of Defense) has not agreed to fund his research. An extensive report on this idea was recently discussed in the attached article. This country owes our veterans to give this research a try and not wait decades as veterans suffer the effects of PTSD.

http://www.stripes.com/doctor-ptsd-injection-can-work-miracles-but-dod-won-t-fund-it-1.156866#

To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Friday, November 18, 2011

Grandparent Visitation Statute Faces Scrutiny Once Again

by Melissa Cox

Does a grandparent have the right to visitation with their grandchild? This is a common yet difficult inquiry often faced by family law attorneys. Most current state laws are restrictive and ignore the bond between grandparent and grandchild in favor of a parent’s constitutional right to decide what is best for his or her own child. The dispute has played out in courts across the nation for decades and the question is, once again, before the U.S. Supreme Court.

In the 2000 landmark case of Troxel v Granville, the U.S. Supreme Court made a competent parents’ decision the guiding principle in most grandparent right disputes. The heart of the decision is a statement that “fit parents” are presumed to act in their children’s best interests. The state should not, therefore, “inject itself into the private realm of the family” to question the decisions of those parents.

As with any U.S. Supreme Court decision, the Troxel holding had far-reaching repercussions, and many states amended their current laws to meet the constitutional threshold set forth in Troxel. In the 2003 case of Derose v Derose, the Michigan Supreme Court declared its current grandparent visitation law unconstitutional. A new statute was passed in 2005. On June 5, 2007, the Michigan Court of Appeals in the case of Keenan v Dawson held that Michigan’s 2005 grandparent visitation statute is constitutional.

According to the 2005 statute, a court may award visitation--called "grandparenting time"--to a grandparent if any of the following apply: (a) an action for divorce, separate maintenance, or annulment involving the child’s parents is pending before the court; (b) the child’s parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled; (c) the child’s parent who is a child of the grandparents is deceased; (d) the child’s parents have never been married, they are not residing in the same household, and paternity has been established; (e) legal custody of the child has been given to a person other than the child’s parent or the child is placed outside of and does not reside in the home of a parent; or (f) in the year preceding the commencement of the action for grandparenting time, the grandparent provided an established custodial environment for the child, whether or not the grandparent had custody under a court order. However, may is the operative word in the preceding 6 scenarios because if a fit parent opposes the grandparent’s petition, the grandparent must prove the parent’s decision to deny grandparenting time creates a substantial risk of harm to the child’s mental, physical, or emotional health. This is often an insurmountable task, which, if not accomplished, results in the dismissal of the action.

The U.S. Supreme Court is expected to decide this winter whether it will revisit the issue of grandparents’ rights. Inherent in that decision is the risk that the Troxel holidng could be overturned. Consequently, Michigan’s 6 year-old grandparenting law may also be in jeopardy.

If you are interested in learning more about grandparent rights, divorce, or family law, please call Melissa Cox at 248-380-0000 ext. 240 or email her at mcox@fb-firm.com.


http://yourlife.usatoday.com/parenting-family/story/2011-11-07/States-grandparent-visitation-laws-raise-concern/51104940/1

Wednesday, November 16, 2011

No Privacy on Facebook if Judge Orders you to Turn over your Password

By Wendy Alton

I have published blog articles in the past recommending that divorcing couples completely shut down their facebook page while they are going through a divorce. In the alternative, I have recommended that at least you set your privacy settings as high as possible so that any information you post cannot be viewed publicly. However, after the recent ruling from a Connecticut family law judge, I think I may go back to my first advice—shut it down. And not just facebook—everything online.

In Connecticut, a husband in a divorce case viewed some information on his wife’s facebook page that he thought would assist him in his custody battle. During his wife’s deposition, the husband’s attorney asked the wife for her passwords. She refused, but then turned them over on the advice of her attorney. (maybe not such a great idea).

But then she had second thoughts. She immediately texted a friend and had her friend log in and delete some things and change her password. Of course this was noticed by the husband and his attorney, who then brought the issue before the Judge.

What did the Judge rule? The judge ruled that the attorneys had to exchange the client’s passwords so that they could each log into each other’s accounts to do their own digging. Really.

This is a drastic move away from normal discovery. In normal discovery (the information gathering part of a lawsuit), one person asks for information (documents, answers, etc), and the other person gives it over. You ask for emails, or contact lists, not passwords so that you can just freely roam in someone’s account. It is highly unusual to ask for, and even more unusual to receive, someone’s log-in for their email, facebook, myspace, google+, etc…

If people themselves have a hard time keeping up with the social media explosion, one can only imagine the difficulty that the courts have in deciding issues like this. These are uncharted waters, and unfortunately this is a precedent that has been set that is likely a step in the wrong direction.

Again, if you are going through a divorce, it is best to shut down all of your social media. Don’t let anything you say or do online become a part of your divorce trial. It is a simple and safe step to limiting your battles, and perhaps possibly winning the war.

Read the Forbes article here: Judge Orders Divorcing Couple to Swap Facebook and Dating Site Passwords.

If you are interested in learning more about family law or divorce, or have a question about those issues, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Monday, November 14, 2011

Donation Day at Gleaners Community Food Bank

Today is double your donation day at Gleaners Community Food Bank of Southeastern Michigan. For over thirty years, Gleaners has been providing healthy and nutritious meals to millions of homeless and disadvantaged people. By giving today, your donation will be matched doubling the number of meals Gleaners can provide. Ninety-six cents of every dollar you donate does directly to providing food. Donate today!

Gleaners Community Food http://www.gcfb.org

Friday, November 11, 2011

Pre-Nuptial Agreement is Protection for More than Just a Business

by Wendy Alton

Forbes published an article this week titled “Protecting Your Business In a Divorce: Pre-Nuptial Agreement.” It is an excellent article, and a reminder that prenuptial agreements are useful for protecting more than just a business.

Prenuptial agreements are agreements made between couples who are planning on getting married. Those agreements will state what happens with their money and property if they ever divorce or die. It can dictate how they will purchase things and how they will share debt. It can indicate whether or not spousal support or alimony will be awarded if they divorce.

Prenuptial agreements are very common when two people are bringing significant assets of their own into the marriage, or even significant debt. They are also common when people are marrying later in life and they have grown children they want to provide for if they were to pass away. They are common with people who are marrying for the 2nd or 3rd time, or for people who have businesses that they have started or have inherited through the family. They are far more common than they used to be.

Prenuptial agreements can be useful even when there are not business interests at stake.

Read the Forbes article here: Protecting Your Business in a Divorce: Pre-Nuptial Agreement.

If you are interested in learning more about prenuptial agreements, family law or divorce, or have a question about those issues, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Thursday, November 10, 2011

White House to Okay More Aid for Veterans to Find Jobs

by Kristina Derro
Veteran Disability Lawyer

With unemployment rates for veterans well-above the national average of 9 percent, President Obama announced three more executive actions to help veterans to find work. This piggybacks on two tax credits that are part of the President’s proposed jobs bill. The Returning Heroes Tax Credit provides firms that hire unemployed veterans with a maximum credit of $5,600 per veteran. The Wounded Warriors Tax Credit offers firms that hire veterans with service-connected disabilities a maximum credit of $9,600 per veteran.

The three executive actions include making a new online service to help veterans find work, creating a veterans job bank, and a veterans’ “gold card” which grants them special services and care at career centers. Unemployment for veterans stands at 11.7 percent, versus the national rate of 9.1 percent. With the remaining 40,000 U.S. troops being pulled out of Iraq by the end of the year, and some of them being discharged and returning to the U.S. job market, something needs to be done to help our most deserving population.


To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Wednesday, November 9, 2011

Bad Employees Have to Go

by Jim Fausone

Here at Fausone-Bohn, LLP, we represent a lot of small business owners. As a group they are thoughtful, compassionate and dedicated. Often they cannot understand why a particular employee is not also dedicated to the job. There are plenty of studies that a bad apple ruins the barrel. In referring to employees a recent Wall Street Journal article was titled “How a Few Bad Apples Ruin Everything.” It is suggested by the academics that “having just one slacker or jerk in a group can bring down performance by 30% to 40%.” To stop bad behavior it is not enough to talk about or model good behavior. It is necessary to “censure bad behavior” according to Wharton operations and information management professor Maurice E. Schweitzer.

In the WSJ article Robert Sutton, a professor at Stanford University, states that bad apples are “remarkably contagious,” and that leaders who ignore the fact that certain employees are rude, lazy or incompetent “are setting the stage for even their most skilled people to fail.” As business lawyers we are often asked to give advice on employment problems. It may seem harsh, but discipline and termination of the bad apple is often the best advice. Owners, and even lawyers, have compassion for their employees and their families. But feeling bad about having to discipline or terminate a bad apple is detrimental to the company. By reading the Wharton article or the WSJ article you may feel more comfortable that you are doing the right thing for you, your company, and its employees.

http://knowledgetoday.wharton.upenn.edu/2011/11/the-bad-apple-syndrome

http://online.wsj.com/article/SB10001424052970203499704576622550325233260.html?KEYWORDS=a+few+bad+apples

Tuesday, November 8, 2011

Small Tokens of Appreciation this Veterans Day

by Chandra Briggs

This November 11th reminds us to give thanks to the brave soldiers that have fought to keep America the land of the free. Companies across the United States are showing their appreciation by offering freebies to Veterans. Keep in mind, you’ll have to bring along proof of military service such as a U.S. Uniform Service ID card, U.S. Uniform Services Retired ID card, current Leave and Earnings statement, photograph in uniform, be wearing your uniform, a veteran’s organization card such as American Legion or VFW, or a DD214. Also note that the offers may vary by location, click on the link of the Company to verify for your locale.

· Bed & Breakfast (Free night’s stay Thursday Nov. 10)
· Outback Steakhouse (A week of Free Bloomin’ Onions and Cokes, Monday Nov. 7 – Friday Nov. 11)
· Uno Chicago Grill (19.43% Discount off food bill, Monday Nov. 7- Friday Nov. 11)
· Famous Dave’s (Free meal or discount, Friday Nov. 11 At participating locations, please call ahead)
· Applebee’s (Free meal, Friday Nov. 11)
· Chili’s (Free meal, Friday Nov. 11)
· Texas Roadhouse (Free meal, Friday, Nov. 11 At participating locations, please call ahead)
· Hooters (Free Meal, Friday, Nov. 11)
· Denny’s (Free Grand Slam Breakfast, Friday, Nov. 11 from 6am-10pm)
· Subway (Free 6inch Sub, Friday, Nov. 11 At participating locations, please call ahead)
· T.G.I. Friday’s (Buy one meal get one free, Nov. 11 At participating locations, please call ahead)
· Tim Horton’s (Free doughnut, Friday Nov. 11)
· Krispy Kreme (Free doughnut, Friday Nov. 11)
7-Eleven (Free small Slurpee drink, Friday, Nov. 11 from 11am-7pm)
· Amazon (Free MP3 Album Download of “Veterans Day Honor” Friday Nov. 11)
· McCormick & Schmick’s Seafood Restaurants (Free lunch or dinner, Sunday Nov. 13)
· Golden Corral (Free meal, Monday Nov. 14 from 5pm-9pm)
· Colonial Williamsburg (Free Admission for Vets & their Families, Friday Nov. 11 – Sunday Nov. 13)
· National Parks Service (Free Admission for Vets & their Families, Friday Nov. 11 – Sunday Nov. 13)
· Anheuser-Busch Parks (Free night’s stay, Thursday Nov. 10)


To contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com

Monday, November 7, 2011

Water and Sewerage Board Changes

Water & Sewerage Board Changes

One of the firm's founding partners, Jim Fausone, was appointed to the Detroit Water and Sewerage Department Board of Water Commissioners earlier this year. DWSD supplies water and sewer services to almost 4,000,000 residents in southeast Michigan. The BOWC oversees policy, sets rates, approves contracts and hires the director of DWSD. BOWC sets the department’s $600,000,000 annual budget and its billion dollar capital improvement plan. A chronic problem for DWSD has been staying in compliance with its water discharge permits. DWSD is one of the largest sewer plants in the world and has been under court supervision for over 30 years.

Federal Judge Sean Cox has made it a goal of changing the policies and culture of DWSD to accomplish long term permit compliance. He recently ordered substantial structural changes to the department. Judge Cox also ordered that Jim Fausone become the Chair of BOWC to implement the Court's order, drive improvements and achieve compliance. The faith placed in Jim by the court and BOWC is humbling. We know Jim, an experienced environmental, municipal and business lawyer, is up to the challenge and the firm is fully supportive of this civic assignment. His classmates from University of Michigan College of Engineering must be hoping he paid attention in fluid dynamics class. You can read more about Judge Cox's order in the Detroit Free Press article below.

http://www.freep.com/article/20111105/NEWS01/111050440/Water-system-overhaul-grants-director-broad-powers