Carl Shaw

Carl Shaw

Having over 20 years in law enforcement and having played a pivotal role in some of the nation’s most visible landmark cases, Carl Shaw has earned the recognition and respect of the legal community and his clients as a capable and compassionate attorney who will not flinch in the face of opposition.

Be Informed, not Ignorant about Privacy Law

In a world greatly influenced and impacted by technology and in particular, the internet, you will be ahead of the game if you spend time researching how to protect yourself against possible threats to your privacy – internet privacy. While in the perfect world we’d like to believe Privacy Law protects us  and that we control our information and it is wrong for your information to be accessed without your consent, the reality of it is you have much less control than you think and wrong or right, it happens. If you have not been a victim of privacy invasion via the Internet, consider yourself lucky. You might never but again, never a waste to be aware and protected.


There are steps you can take to ensure you  – and your privacy – are protected as much as possible. Note that the information provided in this blog does not include ALL ways to stay secure and if you feel there are other ways important to share, please know comments are always encouraged and appreciated. Also, stay tuned for subsequent blogs covering other Internet privacy aspects.

Thursday, 23 June 2016 20:16

RESIDENTIAL DEFECT CASES (PUNCH LIST)

It seems like an age old issue for homeowners and builders to have some post sale issues about the purchase of a new home. Most homebuilders have ramped up their service after the sale knowing that this would be the best way to avoid some the frustration that naturally seems to occur after such a large transaction. A pre-sale list of issues that need to be resolved prior to closing is called a “Punch List. ” The “Punch list” is the way that there is a fixed scope of work to be repaired for the homeowner and the homebuilder to be complete with the transaction. Often, the Punch List repairs may take place even after the home purchase is officially closed.

Thursday, 23 June 2016 20:14

SETTLEMENT NEGOTIATIONS OVER ROBO SIGNING

50 State Attorneys general are in the final rounds of settlement negotiations over the robo signing fiasco of 2010. The robo signing was brought to light through a deposition taken by Maine attorney Tom Cox against GMAC. According to the NY times, GMAC the mortgage lender was bailed out to the tune of 17.2 billion. A GMAC employee admitted under oath to signing 10,000 affidavits a month which led to foreclosures.

This employee admitted that he had no personal knowledge (a prerequisite to the legality of the document) of what he was signing. The result was all 50 state Attorneys General launched an investigation, along with the Office of Comptroller of Currency into the matter, halting foreclosures in 50 states for nearly a year. The foreclosure rates are set to rise significantly

Some of the most important societal concerns today revolve around the dangers of adolescent and teen alcohol and substance abuse such as wrongful death, violent auto collisions, and family violence. According to Mothers Against Drunk Driving (MADD), an organization founded in 1980 that has been committed to combating the dangers of driving drunk, early alcohol consumption can have detrimental effects to one’s future. People reporting first use of alcohol before age 15 were more than five times more likely to have past year alcohol dependence or abuse compared with people who first used alcohol at age 21 or older. And a 2007 study conducted by the U.S. Surgeon General found that 5,000 people under the age of 21 died from alcohol-related injuries. Many of these young people were also involved in serious auto collisions, or other tragic accidents that resulted in personal injuries or death.

Thursday, 23 June 2016 20:09

THE RECENT ATTACK ON FACEBOOK

(1) Just as Facebook’s IPO has hit the market with full force, the company has been hit with a $15 billion nationwide class action tracking cookie lawsuit. The company has been logging users of its social network even after logging out as well as violating federal wiretap laws. (2)

Presently, the lawsuit filed in the Federal Court in San Jose, California, brings together twenty-one individual nationwide cases from 2011 and early 2012. (3) The amended consolidated complaint alleges that Facebook is engaged in unethical invasion of privacy of users by tracking them across the World Wide Web. If the claimants are successful in their case against Facebook, Menlo Park would consequently be prevented from securing user data upon which they depend to generate personalized ads back to them.

If this sounds familiar, it is no surprise. Facebook was hit with lawsuits in the past for violating the Federal Wiretap Act which “provides statutory damagers per user of $100 per day per violation, up to a maximum per user of $10,000.” (4) Also included in the complaint is the company’s violation of the Computer Fraud and Abuse Act, the Stored Communications Act, numerous California statutes, and California common law. (5) A recent Mediapost reports that past lawsuits filed under the wiretap law were thrown out because the court ruled that “browser cookies are simply not considered wiretaps and plaintiffs have difficulty proving any harm.”

Using a Life Care Planner sounds like another fancy term for someone taking your money in turn for investing it. They often serve an important role in helping folks who have serious personal injuries understand how much and what type of help they may need for the duration of their recovery or, in some instances, the rest of their lives. In civil litigation, the concept is that someone who is injured has a forum, the Courts, to seek redress for their injuries and damages. Many times, the injuries can last for years following the injury. Assuming that the Plaintiff is entitled to a recovery, one challenge is to determine the scope and size of the recovery. A lifecare planner spends their career working together with doctors, healthcare providers, therapists and accessory providers to create a detailed matrix of care and costs for the remainder of the Plaintiffs life.

On June 12, 2014 the Attorney General issued a revised opinion about filing consumer lawsuits on behalf of the consumers of the State of Texas for the “public good.”   This evening I met with a client who had no remedy through the District Attorney or a private lawsuit to remedy a terrible injustice she experienced over several transactions for tens of thousands of dollars. Many times clients come in and want to be heard and hope that there can be some way to bring a lawsuit or criminal case for damages or restitution. The first thing I usually hear is that “I don’t want this to happen to anyone else.”  It is rewarding when there is an answer to the clients question when there is the possibility of filing something that will allow them a chance at restitution or a damages award. In many cases there may not be such a possibility.  Filing your complaint at the Attorney General’s Office starts the process into the Attorney General’s investigation into a company’s business practices. 

I get many calls on a monthly basis to evaluate positions in a “deep business conflict.”   There could be ten thousand dollars or ten million dollars in controversy.  The anguish and the conviction of the respective parties is usually about the same.  Much of my repeat business comes from my commitment to the concept that the issues I am hearing about are likely being caused by something deeper.  It is often in everyone’s interest to take a look at how we got to where we are now in the conflict and ask my client was their contribution to getting to where we currently are in the dispute. There is often a long conversation about deals gone wrong and choices for which most of the stakeholders would like do-overs.   I am relatively clear that I could probably bill for hours trying to resolve the conflict by diving into the “surface complaint.”   But sooner or later we are going to discover (either in early conversation or expensive discovery) how this situation evolved to its current level of dysfunction.

In many instances, people refer to falls, harmful impacts, and collisions of any type as an accident.  Football players collide with each other and MMA fighters intend to physically torture each other.   These violent interactions are not referred to as “accidents.”  It is also hardly an accident if someone intentionally uses substandard equipment to perform a job or utilizes equipment in a way that most common people would understand to be dangerous. Thus, you must protect yourself when you have become the victim of a harmful collision or event that has caused you injury.
Thursday, 23 June 2016 03:17

PREPARING FOR YOUR TESTIMONY

IDENTIFY THE VENUE

You can give your testimony in hundreds of places. The following are examples of where you can testify: a Court room, a lawyers office, in front of an arbitration panel in a hotel, at a coffee shop in front of an adjuster, in front of Congress, and over the phone in your home. It is important that you understand if your testimony is going to be recorded by a videographer or a court reporter who will be taking down all of your testimony. Often, there will be a document called a subpoena or a "notice" that will give you specifics about where and when you are to testify. You may have options about where and when you testify. If you have a conflict with the time or location, be sure you quickly address the conflict so you can either resolve the conflict for yourself or with the person seeking your testimony. You should then make sure you fully understand the location of where you are testifying so you can be appropriately prepared for your appearance in that forum.

KNOW WHO IS GOING TO BE ASKING THE QUESTIONS

Is it the opposing lawyer, the judge, an insurance adjuster, a police officer, your lawyer, the district attorney, a claims examiner, or a congress person? Determine whether this person is adverse or "friendly." In many situations, people are seeking to elicit friendly information to support a situation with which you agree. In other situations, the examiner can be unfriendly or seeking to negate your position and frustrate your mission. While the truth can not be changed, understanding the position and the mission for the questioner is critical. Generally, a judge in a family law matter will want short, crisp, and non-dramatic answers. He has little time to get to the bottom of his inquiry. An adverse attorney in a deposition may question you for hours. Knowing the agenda of questioner will help you be more comfortable with your assignment.