Archive for the ‘Legislation’ Category

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Bloom Legal Video Blog Vol. 2: Appointing New Counsel, Dropped Charges, and Underage Drinking Liability Explained

May 12th, 2011 | Posted in Legislation, Local Issues, NOPD by bloom | No Comments »

Welcome back to the Bloom Legal Video Blog!

For our second installment Attorney Seth Bloom, of Bloom Legal fields questions from internet users about having a new lawyer appointed to your case; dropping domestic violence charges out of court; and liability issues involved with underage drinking.

Questions answered this session:
“Can I request a new lawyer if I don’t think my case is being handled properly?”
“Can I drop Domestic Violence charges out of court?”
“Can I be held liable for underage drinking that takes place on my property?”

We look forward to reading and answering your questions each week and would like to invite you to submit them to us either via our LawQA profile or via the Contact Form on our website.

While we will not be able to answer all of the questions we receive, we will do our best to answer those which seem of most interest to our readers.

(It is important to note that the content of these videos is not intended to constitute actual legal advice, these are general commentaries on broad topics of law. If you need assistance with a specific legal question, you will need to hire an attorney. Bloom Legal is available 24/7 by phone at 504-599-9997 or online and we always offer a free consultation.)

Alcohol Tobacco Control to Lay Off Employees and Cut Budget

May 9th, 2011 | Posted in Legislation, Local Issues by bloom | No Comments »

Louisiana ATC Comissioner, Troy Hebert has recently announced plans to reign in spending practices at his office.

Proposed initiatives include firing 6 employees (some are eligible for retirement and others are being offered lower paying positions) and reigning in pay practices.

Photo Courtesy of the Louisiana ATC

Among those slated to have their employment terminated is Brant Thompson, the son of a Louisiana state senator, who reportedly earns a $115,228 annual salary in an office which saw a $400,000 budget deficit last year.

Additionally, Hebert plans to cut the practice of paying employees during their commute to work and eliminating state vehicles for individuals who work in the office itself.

The proposed initiatives will be considered by the state civil service after a public comment period scheduled to end May 14.

Controversial Early Bar Closing Hours to Take Effect in Fat City this Thursday

March 28th, 2011 | Posted in Legislation, Local Issues by bloom | No Comments »

A controversial new city zoning ordinance for the Fat City section of Metairie will take effect this Thursday requiring area bars to close by midnight on weeknights and 1 am on weekends.

The ordinance is allegedly designed to reduce crime and increase the viability of Fat City as a high end shopping district. While a direct correlation to ordinance-related measures has yet to be established credibly, it is reported that crime statistics for the area are down 22% as compared to the same period last year.

Unfortunately, this news has not been welcomed by many local bar owners who anticipate severely reduced income and the possibility of having to lay off employees to make ends meet. A number of bars in the area have actually closed altogether, refusing to do business at all under the new regulations.

For more on this story, visit NOLA.com

As the situation develops, it is uncertain what the new regulations may mean for Fat City bar employees. If you or someone you know are subject to unfair termination based upon the new regulations, you may have the ability to fight for compensation. Contact Bloom Legal at 504-599-9997 for a free case evaluation to discuss your options.

Date Set for Oral Arguments in William Jefferson Appeal

February 21st, 2011 | Posted in Courts, Legislation, Local Issues, National Issues by bloom | No Comments »

NOLA.com reported today that the week of May 10 has been set as the tentative date for a federal appeals court to hear oral arguments in William Jefferson’s appeal of his federal corruption conviction.

Photo Courtesy of nndb.com

Mr. Jefferson who is a former long-time congressman from New Orleans was convicted of 11 out of 16 charges of corruption in 2009. Among other things, Jefferson was found guilty of accepting bribes for favorable treatment of government contracts in West Africa.

William Jefferson is facing 13 years in prison (the longest prison sentence ever faced by a congressman convicted of corruption) if ultimately found guilty.

For the full details of the story, visit NOLA.com.

MI Man Facing 5 Years for Reading Wife’s E-mail

December 29th, 2010 | Posted in Internet/Technology, Legislation, National Issues by bloom | No Comments »

In a story that has garnered considerable attention today, Leon Walker, a man from the suburbs of Detroit, is being charged by prosecutors for accessing his wife’s e-mail account and reading her e-mails.

Photo Courtesy of NYDailyNews.com

Prosecutors in the case are using an unprecedented reading of the Computer Fraud and Abuse Act (CFAA) traditionally used to prosecute highly skilled hackers who commit security breaches.

According to sources, Mr. Walker accessed his wife’s e-mail account using her password which he found in a a notebook. He claims that he read her e-mails suspecting that she was carrying on an affair, a suspicion with proved to be true. The discovery of the affair led Mr. Walker to be concerned for the safety of the woman’s child who apparently had witnessed violence perpetrated against his mother by the man she was currently carrying on an affair with (her second husband). The defendant used the information obtained from the e-mails to alert the woman’s first husband (the child’s father) to the situation prompting him to file a custody order.

While it is certainly not advisable to attempt to access and or read anyone else’s e-mail, it seems clear that the original intent of the CFAA was to protect citizens against advanced computer hackers and not to impose severe sentences upon people such as Mr. Walker who do not have a computer hacking background and pose no real security threat.

If you or someone you know are facing charges for an invasion of privacy or hacking, contact Bloom Legal today at 504-599-9997 to schedule a free consultation to discuss the details of your case.

Popular Frenchmen St Music Club to Ban Smoking

December 27th, 2010 | Posted in Legislation, Local Issues by bloom | No Comments »

d.b.a, one of the most prominent Frenchmen St music clubs in New Orleans has announced that starting January 3rd of the new year, smoking will not be allowed inside.

d.b.a will join notable New Orleans music venues such as Tipitina’s and Republic in its adoption of a smoking ban. Management states that the move will represent a positive change for employees and performers at the venue who traditionally had to tolerate considerable amounts of second-hand smoke whether or not they themselves were smokers.

Photo Courtesy of red crossse lan prc

Indoor smoking bans are becoming prominent across the United States as concern for the health of employees and patrons as well as awareness of the danger of smoking increase.

Smoking bans in New Orleans are expected to be received without much resistance as long as the city maintains its long tradition of allowing open containers of alcohol on the streets.

If you or someone you know are arrested for public intoxication or another “party-related” crime, contact Bloom Legal at 504-599-9997 to schedule a free consultation to discuss the details of your case.

Federal Judge in VA Strikes Down Insurance Mandate in Healthcare Reform

December 13th, 2010 | Posted in Legislation, National Issues by bloom | No Comments »

A Federal Judge in Virginia has ruled in favor of a lawsuit filed in March by Virginia Attorney General, Kevin Cuccinelli which claims that the mandate requiring almost everyone in the U.S. to have health insurance as part of President Obama’s healthcare reform bill is unconstitutional.

According to US District Court Judge Henry Hudson, the provision oversteps Congress’ limitations with respect to interstate commerce as delineated in the Constitution. Judge Hudson’s ruling differs from earlier rulings this year in which other judges have upheld the constitutionality of the provision.

Proponents of the provision argue that everyone, at some point, becomes a consumer of health care services and thus it is not, in fact, a constitutionally protected right to choose whether or not to maintain health insurance coverage.

According to the mandate, individuals who do not receive coverage either through their employer or seek it out themselves would have to pay a penalty. The insurance mandate does not take effect until 2014, however, so ample time remains for appeals and litigation.

This case is expected to ultimately arrive before the Supreme Court on appeal at which point the final decision regarding its constitutionality will be decided.

La. Oyster Committee Meeting Today

November 16th, 2010 | Posted in BP Oil Spill, Legislation, Local Issues by bloom | No Comments »

The Governor’s Oyster Advisory Committee is scheduled to meet today to discuss the future of the Louisiana Oyster Industry as well as anticipated uses for the Reimbursement Funds awarded by BP to the state.

Photo Courtesy of cajungrocer.com

The Committee will be meeting from 1-3 pm at the University of New Orleans campus.

This serves as a reminder that recovery from the BP Oil Spill is going to be a very long process and that many aspects of the Louisiana Seafood Industry will be different than they have been in the past.

If you or anyone you know has been negatively affected by the BP Oil Spill, there may still be time to receive compensation from BP. Contact Bloom Legal today at 504-599-9997 to schedule a free consultation to discuss the details of your case.

Attempt to Legalize Marijuana in California Fails

November 3rd, 2010 | Posted in Drugs, Legislation, National Issues by bloom | No Comments »

The Regulate, Control, and Tax Cannabis Act, also called Proposition 19, was the latest and possibly most successful attempt to legalize marijuana. With national support for the legalization of cannabis at 46 percent, the initiative stood a fighting chance to pass.

Photo Courtesy of csmonitor.com

Proposition 19 would have made it legal for adults over 21 years of age to carry at most an ounce of the drug, to consume it in nonpublic places if no children were present, and to grow it in small pots. They would have also been able to buy and consume it at licensed establishments similar to Amsterdam’s coffee houses. However, under opposition from local politicians and law enforcement officials, the initiative did not pass.

Every major newspaper, both political parties, and most leading politicians’ stance against the proposition stymied its passage, but there was some support. The state branches of both the NAACP and the League of United Latin American Citizens, feeling marijuana arrests unfairly targeted minorities, supported its passage along with several retired police chiefs. Younger voters were also much more open to the proposition than older generations. Majority support for the legalization of marijuana is expected within the next few years.

Until then the possession of marijuana is against the law and in New Orleans will land you in jail. If you or anyone you know has been charged with the possession of an illegal substance, contact Bloom Legal at 504-599-9997. We can help reduce sentencing and clear your name.

Senator Mary Landrieu Champions Small Business Jobs Act

September 29th, 2010 | Posted in Legislation, Local Issues, National Issues by bloom | No Comments »

The job market received a much needed boost this week when President Barack Obama signed Senator Mary Landrieu’s Small Business Jobs Act into law.

Photo Courtesy of politico.com

Over thirty billion dollars in loans and twelve billion dollars in tax incentives will be made available to small businesses across the country. Included in the incentives are eight small business tax cuts, which take effect immediately. New and expanding businesses will now be able to expense capital investments more effectively, deduct more from their taxes for start-up expenses, and avoid the capital gains tax on certain investments. Proponents of the act expect small business growth to increase immediately. President Obama called it,”the most significant step on behalf of our small businesses in more than decade.”

The effect on the job market is predicted to be felt right away. Sen Landrieu hopes it will transform the nations recent jobless recovery into a “job-filled recovery.” With unemployment at record highs, the relief could not come at a better time. As the incentives do not distinguish between types of small business, the job market is expected to improve in all fields. Those currently searching for work can expect to see an uptick in the number of job openings in the New Orleans area.

For those having trouble finding employment due to a past misdemeanor or felony offense, Bloom Legal can assist in expunging convictions from your record and making you a more desirable candidate. If we can assist you please call us at 504-599-9997.

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