The court asks: Are bloggers journalists?

Are bloggers journalists? This intriguing question turned out a weighty legal issue when a Cook County case in August last year spurred debate on whether bloggers must also be protected by the Shield law—a legal protection that prevent journalists from revealing confidential sources or even give up related materials used in a story.

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What happened with TechnoBuffalo.com, a California-based website brought to court for publishing an image of a smartphone manual before it was even released in public, is only a precedent of other similar cases that cropped up in many parts of the country. The website maintained that the image was leaked by an anonymous tipster and they ought to be given shield law protection. However, the court had another opinion. Cook County Circuit Judge Michael Panter ruled that the website does not qualify as a "news medium" and its bloggers as "reporters." Four months later, Judge Marco Hernandez of Oregon declared that Crystal Cox, a blogger from Montana who sued for a defamation case, is also not a journalist. In June this year, another blogger from Washington State named Shelle Hale was sued for posting defamatory statements against a company’s products. Hale alleged that the information came from anonymous sources. She later lost the case; her demand for shield law protection was rejected. 

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In view of the recent popularity of social media, shield law protection for bloggers remains among the complex legal issues in the country today. Until the day a legal framework is brought to differentiate traditional media work from blogging, this question remains: Are bloggers considered journalists? 

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Protecting the tenant: Red flags of renter rights breach

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As provided for by statutory laws, the course of a lease contract should be smooth sailing all the way for the tenant. If there are issues that are encountered, most of them should be minor in nature and should be easily settled with common sense and diplomatic dialogue. Less frequently, though, some issues may seriously threaten the renter’s enjoyment of the rental—or worse, the renter’s ability to stay in the property.

In the event of the following cases, employing the services of lawyers, like Cheryl Chadwick, Evan Granowitz, and Ellen Kaufman Wolf, is the most effective way to preserve the following tenant rights:

1. Unreasonable forcible eviction. If the landlord serves a termination notice without any justifiable reason—especially if this is done without undergoing proper court procedures—then tenants may fight back by bringing the matter to court. No matter how seemingly valid a landlord’s case may be against a tenant, these aren’t legal justifications to take matters into one’s own hands.

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2. Discrimination. Surprisingly, the Department of Housing and Urban Development (HUD) still receives over 10,000 discrimination complaints in a year. If the HUD investigates and finds a reasonable cause to believe that the landlord is discriminating the tenant, then the latter may be sued for the damages that the tenant has suffered.

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3. Property is damaged and the landlord refuses to make necessary repairs. Potentially fatal damages may come in seemingly innocuous cases, such as a broken window pane, a dysfunctional heating system, and a leaking ceiling. If these have been brought to the landlord’s attention yet no action has been done, then legal action may be taken.

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For more information, visit WolfGroupLA.com.

Five reasons why your lawyer is not talking to you

Attorney Evan Granowitz of Wolf Group LA specializes in a variety of areas, including breach of contract, unfair competition, business torts, bankruptcy, and class action disputes.
 

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It is understandable when you, as a client, complain when your lawyer fails to show up to an appointment or doesn’t return your phone calls. However, there are times when clients have something to do with this kind of behavior. Here are some possible, straightforward reasons why your lawyers are not showing up or why they’re not talking to you:

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1. You may be too demanding and rude. If you think your lawyers are magicians who can do everything with a single whip of a wand, then reconsider this connotation to nurture a better working relationship.

2. You may be arrogant and inattentive. Although things have been explained to you several times already, you still ask the same questions repeatedly, all because you don’t like the answers given to you. As a result, your lawyer would rather not talk you than hear you ask the same questions over and over again.

3. You may be forgetting that you are the client. When you let other people deal with your lawyers, chances are you’re not hearing from them. Lawyers have no obligation to other people except to you—the clients.

4. There are no new developments to tell. The progress of legal cases needs time. So does your lawyers. When you don’t hear from them every day, it’s because they’re working on your case or something much more important than your concerns.

5. Your lawyers have personal issues. Some lawyers have ranging personal issues that result to this lack of diligence for work.

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You have entrusted your time and money on your lawyers to deal with some vital aspects of your life for your sake. Maintaining a good bench mark of a harmonious relationship with them leads to favorable legal decisions.

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Having an original business identity and avoiding infringement

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Part of a business’ identity is its reputation; according to an article from CNBC, some foreign businesses spend huge amounts of resources to make sure that their products and services capture the look and feel of those with good reputation. Although this is perfectly legal in other countries, in the US, this is very much frowned upon and is a lawsuit waiting to happen.

According to Evan Granowitz, a business lawyer from California, these four principal devices that businesses use to establish original identities should be used carefully to avoid being sued for copyright infringement:

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• Trade name. This can be an official business name or an assumed name under which a business operates that is used to identify a business, corporation, and other business entities. A few examples are McDonalds, KFC, and Burger King.

• Trademark. A trademark can be a word, an emblem, or a symbol attached to a product that is identified with the business. Examples include the golden arches of McDonalds, the Apple logo, and Burger King’s “Have it your way” motto.

• Servicemark. This is similar to a trademark but is used for services. An example would be MGM’s famous lion roar.

• Trade dress. Products should have a signature “look and feel.” For example, BMW’s cars have a distinctive appearance so that they can be easily distinguished from other cars.

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Having a distinctive identity is very important because it can prevent consumer confusion, create product value, and help businesses avoid infringement lawsuits.

For more information on Evan Granowitz, visit Wolf Group L.A.’s website.

Hire an attorney before you need an attorney

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In every business, there are two kinds of professionals who should be hired early on: accountants and lawyers. Accountants are hired to review your business’ numbers periodically and prepare taxes. However, not a lot of businesses hire lawyers from the get-go because they don’t see the need for one. Most of them think that they should only hire lawyers in case they get sued.

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Therein the problem lies, because hiring a lawyer only when you get sued is too late—the problem has already occurred, and you may now have to spend a great deal of money to deal with the lawsuit. The time to get a good business lawyer is before you are sued. Besides, the fee a lawyer will charge to keep you out of trouble is but a small fraction of the fee a lawyer will charge to get you out of trouble when it comes.

Lawyers are not just there to bail you out when you get sued; they are there to prevent you from being sued. By providing assistance in all legal matters of your business and making sure that your business is in compliance with all regulations, such as handling zoning agreements, negotiating leases, filing patents or trademarks, drafting software license agreements and employment contracts, providing legal advice, and handling litigations, they can ensure that your business and you are more protected from potential lawsuits.

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Evan Granowitz of CA: Basic steps in resolving business partnership disputes

Atty. Evan Granowitz of CA-based law firm, Wolf Group LA, handles cases concerning business disputes.

This latest blog article will talk about ways on how to resolve, even avoid, business partnership disagreements.

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Entrepreneurs, shareholders, and other people involved in a business must be open-minded on the probability of encountering quandaries as their businesses go along. Problems arising due to various factors are considered typical in the aggressive world of business. Moreover, one of the common problems encountered in this field has something to do with partnerships.


Business owners must face the truth that even though the foundation of the business started with a particular form of “agreement,” partnerships can still go awry in the long run due to different reasons.

Evan Granowitz is CA-based lawyer specializing in civil litigations. His areas of expertise include breach of contract disputes, unfair competition, and business torts.

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Partnership disputes happen due to disagreements on the business’ direction, management roles, and financial issues, among others. These disputes do not go to court straightaway. In fact, businesses may opt to choose between arbitration, wherein a neutral person or team helps in the decision-making process to resolve the issue, and mediation, wherein a third party works with both parties in ironing out the dispute. Litigation usually comes to the scene when the problem still exists despite the out-of-court efforts to solve it.


Furthermore, when faced with partnership disputes, business owners or those involved in the issue are suggested to talk it through in the boardroom before raising the problem in the courtroom. Experts suggest that they keep everything on a professional level, avoid personal attacks, and always remember that the concern is the business alone.

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For more about Atty. Evan Granowitz of CA, visit this website.

Evan Granowitz of CA: Lawyers as sentinels of psychological issues

Lawyers like Evan Granowitz of CA work for clients who are emotionally hard-pressed as a result of unfortunate events, such as personal injury, a messy divorce, or unexpected bankruptcy. In such situations, lawyers need to understand a bit of psychology to represent their clients effectively. This blog entry discusses some ways that lawyers can do to act as reliable guardians of their clients’ cause.

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• Listening. Raymond David, a psychologist who coaches lawyers on the use of emotional intelligence, suggests that lawyers should try to spend two-thirds of their time listening and one-third talking. He adds that a good listening technique is something that lets somebody speak for a whole five minutes and then the listener paraphrases back what was said.

Included in the practice areas of Atty. Evan Granowitz of CA are Native American law and insurance coverage disputes.

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• Recognizing the clients’ emotions. Having to acknowledge the clients’ emotions is helpful in obtaining essential details for the case. Ignoring their emotions will just make the clients become more agitated, resulting to squeezing out of information. A simple way of acknowledging the clients’ emotions is by saying words like: “I know that you’re feeling enraged by the situation.”

• Using simple language. Explaining the law in plain language can help calm emotionally upset clients. Also, using a language that the clients clearly understand is a way of keeping lawyers out of harm’s way and reducing the risk of negligence lawsuits.

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Evan Granowitz: The role of language in the legal profession

Evan Granowitz is a civil litigator from Wolf Group LA. This blog article talks about the role of language in the legal profession.

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Language has to serve the truth, even more in a profession that puts freedom and justice on the line. Inside the legal profession, glibness and eloquence have a price. Between linguistic clarity and vagueness, the cost is often too high.


The linguistic element of the legal profession has long been a crucial part of a vocation that requires eloquence. Lawyers are typically expected to possess such gifts of fluency in language—if not the skill to be articulate and sound in every argument.

Evan Granowitz was Southern California’s Rising Star in 2009 and 2010.

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In front of a jury or a judge, such persuasive eloquence spells a difference between conviction or acquittal for the defendant or victory and defeat for the plaintiff. The magnanimity of consequence borne out of the possession or absence of skills in language puts lawyers duty-bound, even just at a personal level, to master language like an art. The mastery of language, though, carries in itself the obligation to be succinct and clear.


This is the real challenge for most lawyers who wade into linguistic obscurity—the power of persuasion, whether in oral arguments or in writing a legal document, must never be a smokescreen.

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Evan Granowitz: Going pro bono

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Do attorneys like Evan Granowitz always require remuneration for their legal expertise? Read on to learn about the instances when lawyers go pro bono.  



“For the public good.”

This is the direct translation of the Latin phrase pro bono publico (usually just pro bono). The term refers to professional work which is voluntarily contributed without any remuneration. While it may be generically applied, pro bono was first and is still more commonly employed in the legal services sector.

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In the United States, the American Bar Association’s ethical rules recommend lawyers to render at least 50 hours of pro bono work per year. This may be in the form of providing legal counsel where a lawyer assists an individual or a group on a legal case by filing government applications and petitions.

Evan Granowitz is a member of various reputable professional organizations such as the Orange County Bar Association and the Order of the Coif National Honor Society.

Pro bono service is unlike traditional volunteerism in the sense that a professional provides normally paid-for specific professional skills to those who are unable to afford them. In this way, financially-challenged citizens are not deprived of the much-needed services to help them get past legal difficulties.

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According to the American Bar Association, as much as 70 percent of lawyers declare that they are providing pro bono service. The upswing in the provision of pro bono services during the recent years has been attributed to the deep cuts in government assistance for the poor.  



Evan Granowitz is a California-based lawyer who specializes in breach of contract disputes, unfair competition, and business torts. Learn more about him by visiting this website.

Evan Granowitz: The paralegal connection

As a nurse is to a doctor, a paralegal is to a lawyer. However, there is more to this profession than being a mere secretary. This Evan Granowitz blog post discusses why paralegals are deemed to be indispensable the legal profession.
 

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Behind a great lawyer is an outstanding paralegal

Also touted as the legal assistant, paralegals help out lawyers in preparing for cases. In a stricter sense, paralegals are actually doing some of the responsibilities that lawyers are supposed to do. These responsibilities include comprehensive researching, preparing written reports, drafting arguments, maintaining files, and helping with the billing. By doing these tasks, a lawyer may be able to take up more cases and focus on court appearances.

However, paralegals cannot go beyond the limits of their primary responsibilities. Since they are not licensed law practitioners, they are not allowed to set legal fees, provide legal advice, or even present cases in the courtroom.

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Berkeley alumnus Evan Granowitz was recognized by Super Lawyers magazine as a Southern California Rising Star from 2009 to 2011.

Because of the demanding nature of their work, paralegals are required to complete a two-year associate degree program which may include an on-the-job training. Due to the increasing competitiveness of the profession, more colleges and universities have begun offering bachelor’s and even master’s degree programs for paralegals. There are currently over 250 programs that have been accredited by the American Bar Association.

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After completing the requisite education and training, paralegals may be hired in law firms and in government and corporate legal departments, where they can work on variety of cases and perform numerous diverse tasks on a daily basis.

More information regarding Evan Granowitz may be found at WolfGroupLA.com.

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Evan Granowitz: When a lawyer's spark fizzles out

In the conduct of their profession, lawyers like Evan Granowitz are subjected to stress on a daily basis. Learn what happens to them when their physical and emotional reserves finally arrive at the dreaded “burnout.”
 

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The practice of law—despite being portrayed as a high-end life—is a labyrinth of worries and conflicts. Lawyers are made to deal with litigious persons, corporations, and families on a purely professional level that can invite moral discomfort. To say the least, the law profession is hostile, confrontational, and cutthroat.

Add the ridiculously excessive long working hours and needless to say, lawyers may sometimes plummet to a state of “burnout.”

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According to AmericanBar.org, burnout is “a type of depression characterized by fatigue, apathy, declining productivity, and negative feelings about work, career, and life.” Some lawyers, like Evan Granowitz, may also come down with an illness, accompanied by increased substance abuse and personal relationship difficulties.

The following tools are recommended for lawyers to be able to steer clear from the horrible effects of burnout:  

Having fun.
Lawyers must remind themselves that they are people, too. They must laugh often, exercise regularly, sleep adequately, communicate with friends and relatives, explore hobbies, and have a good lay. Each lawyer has a life to live, and it is not just within the confines of the courtroom.  

Eating well.
Due to the fast-paced nature of their jobs, lawyers may find themselves eating at fast food restaurants more often than recommended. They must also try to maintain a balanced diet of food that is low in calories, rich in nutrients, and high in fiber. Vitamin supplements may also help in building resistance against diseases.

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More information about Evan Granowitz can be found at www.evangranowitz.com.

Evan Granowitz: What makes a good lawyer?

This latest blog entry for Evan Granowitz talks about the qualities that make up a “good lawyer.”
 

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According to the American Bar Association, the United States has the most number of law practitioners in the world. That being said, the license to practice does not necessarily equate to the quality of the practice; and before lawyers can be anywhere qualified to be described as “good,” they must first possess the following characteristics:  

Strong ethical grounding 

Like most professions, the law practice is governed by an arbitrary set of ethical principles that require practitioners to commit to: utmost veracity in court, honesty in the use of client’s funds, and tactfulness in filing claims. Lawyers with good ethical reputation are usually dealt with more favorably by judges, insurance adjusters, and fellow lawyers.

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Berkeley graduate Evan Granowitz is recognized as one of the youngest and most reputable civil litigators in Southern California. 

Diligence and hard work

While effort alone does not guarantee success, its lack thereof can surely lead to failure. The hardworking lawyer always keeps appointments, relentlessly follows through tasks, and dependably prepares materials as promised. Diligent lawyers are willing to work for long hours, taking time to make sure their tasks are performed properly.

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Experience

Vast experience does not necessarily imply infallibility, but it does speak of a lawyer’s competence in handling similar claims. Good lawyers do not have a perfect winning streak, but they have the ability to leverage on their previous experiences to be able to perform better when similar suits arise.

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Learn more about Evan Granowitz and his law career by following this Twitter account.

Evan Granowitz: The art and science of finding a legendary lawyer

This latest blog entry for Evan Granowitz enumerates the steps in finding an excellent lawyer to help with people’s legal issues.

 

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People who run into legal hitches are usually willing to pay for the services of a lawyer to help them out of the rut. After all, lawyers are more than just dispensers of legal information; they offer pieces of strategic advice and employ sophisticated technical skills in solving complex problems. In this light, the importance of finding a suitable and competent lawyer must never be understated.

Nolo.com, an online legal resources portal, offers the following tips to help potential clients make a valid judgment on the right lawyer for the job:

• Peer reviews. As with any other business, an attestation from those within personal circles is usually a good place to start.


Evan Granowitz was named as Super Lawyers magazine’s Rising Star for three consecutive years.

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• Online services. There are many legitimate websites that offer ways for potential clients to connect with local lawyers. These sites provide listings according to location and the type of legal cases a client has.

• Field of expertise. Lawyers have their respective specializations in certain areas of the law practice. Specialists leverage on their vast training and professional experiences to help them maintain an edge against “general practitioners.”

• Interview. The selection process does not end with referrals. Potential clients must talk to the lawyer personally to gauge his or her personality, communication skills, promptness, and willingness to work alongside the client. These factors can determine the eventual success of the lawyer-client relationship.

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Learn more about Evan Granowitz and his law career by visiting this Facebook page.

Evan Granowitz: Wolf Group LA and its litigation strategy

Evan Granowitz and his fellow attorneys at Wolf Group LA are able to provide the best possible results for their clients by forming strategies that are tailored after the needs of each client.

 

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Los Angeles, California-based Wolf Group LA has been representing people with legal needs since its founding in 2002. Established by Ellen Wolf and a renaissance of her former law firm known for many years as Wolf & Wolf, the firm is currently composed of eight attorneys who specialize on diverse practice areas of litigation. Wolf Group LA credits its success not only to its attorneys, but also to its litigation strategy– methodical planning.



“Evan Granowitz’s expertise include breach of contract disputes, unfair competition, and business torts.”

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For the law firm, an effective litigation strategy starts with “a thorough vetting of client objectives, measured against practicalities.” Recognizing that each client has a different need, the firm tries to achieve c0st-effective results by customizing a strategy based on client objectives. The firm also communicates effectively with its clients, educating them about its plan of action and the reactions it anticipates at each stage, as well as the estimated expense. “Our clients commend our planning and execution, and the high level of accuracy in our prediction and [our] production of outcome and results.”

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Evan Granowitz’s full professional profile can be viewed at Wolf Group LA’s official website: WolfGroupLA.com.

Evan Granowitz of CA: Failure breeds success in business

“If business success is a set of CliffsNotes, business failure is a lifelong mentor.” – Jeff Wourio

Business and bankruptcy lawyers like Evan Granowitz of CA understand that while failure creates a myriad of emotional and practical damage to businessmen, it offers a leeway for success. Failure, although damaging, opens opportunities to spot the wrongs and stresses the issues that businessmen need to work on, validating the old adage: “Every cloud has a silver lining.” With this being said, the following are some practical tips on how failure in business can teach for success:

• Failure is a stepping stone to success. Economist and journalist Tim Harford argues in his book “Adapt: Why Success Always Starts with Failure” that failure is a necessary stage in success. He adds that experimentation and risk-taking are more effective than an advanced grand plan.

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Wolf Group L.A. lawyer Evan Granowitz of CA has a special interest on practice areas like bankruptcy, business torts, and unfair competition.

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• Failure is not always equal to something negative. It is natural to assume that failure happens due to mismanagement or negligence. However, most of the time, failure also reflects strengths rather than weaknesses. For example, when a well-planned business concept falls short, it opens up the chance for a keener strategy to reprogram rather than totally repair.
• Failure broadens one’s way of thinking. When something’s wrong, there’s always the possibility of considering various solutions not only to the problem at hand but also to problems that are yet to crop up.

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Evan Granowitz: Essential qualities of a civil litigation attorney

The Super Lawyers Rising Star recognition is given to attorneys who have attained a high degree of peer recognition and professional achievement. This blog entry for Evan Granowitz aims to educate readers on what essential qualities an attorney must have in order to gain success in the legal arena.

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Success in the legal field often depends on many factors, but it is the traits of an attorney that lead him to accomplish his job.

Some of the important qualities that every civil litigation attorney should possess are:

1. Excellent communication skills – An attorney’s job involves presenting facts and analysis in court. Having the ability to clearly express a thought to a judge or a jury will be of particular advantage for law practitioners.

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Named by Super Lawyers magazine as a Rising Star for three consecutive years (2009-2011), Evan Granowitz specializes in breach of contract disputes, unfair competition, business torts, and bankruptcy litigation.

2. Deep understanding of the rules of evidence – This is important in understanding an evidence’s admissibility or inadmissibility. Being familiar with the rules of evidence helps a lawyer answer an objection, and know when and how to object if it’s his turn to do so.

3. Ability to gain trust – Attorneys with clients who are confident with what the former can accomplish can go further in the field of law. Being viewed as someone who can handle a case with vigor can certainly boost an attorney’s reputation.

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For more information about Evan Granowitz, visit Wolf Group LA’s website at WolfGroupLA.com.