About Benjy Schirm, J.D.
Benjy Schirm is a storyteller, writer and advocate. He attended the University of Iowa as an undergrad, worked as a theater artist, and went on to earn a J.D. from Western Michigan University so he could take his storytelling from the stage to the courtroom. He has contributed to legal publications in Minnesota, and is a North Star Lawyer, full-time public defender serving Rice County, and on the 4th District Ethics Committee as an investigator.
Articles written by Benjy Schirm, J.D.
What To Do if Someone Steals Your Intellectual Property
When you think of theft, you probably think of someone taking your wallet or some tangible asset, like a watch or car. If someone takes your physical property, that's obviously theft. However, your ideas, creations, and inventions can also be stolen through intellectual property infringement, and it's not always easy to know when this type of theft has occurred. "Intellectual property theft basically involves third parties who co-opt the brand, the technology, or the products that have …
How Do I Stop Creditor Debt Collection Abuse?
Owing money to a business or lender and struggling to make payments is stressful enough. Harassing phone calls from a debt collection agency take a bad situation and make it worse. Debt collection harassment is not just stressful — it's often counterproductive to the goal of paying off your debts. And it's illegal. This article will cover prohibited debt collection practices under the federal Fair Debt Collection Practices Act (FDCPA) and some specific actions you can take to stop …
Who Is Liable for a Dog Bite?
Treatment for dog bite injuries can result in significant medical bills and time away from work. If you've suffered injuries from a dog bite or other animal attack, you may be wondering if you can get compensation. Liability for dog bite injuries and your ability to recover compensation depend on several factors. Some states have strict liability laws for dog bite injuries, while others follow a common-law rule that can impose liability when an owner knew or should have known of the dog's …
Including Pets in Your Estate Plan: Pet Trusts
To say that pets are family members doesn't encompass the depth of feeling that comes with loving and cherishing a furry, feathery, or scaly member of the clan. As with all facets of estate planning, the responsible thing is to make formal arrangements for the care of your beloved pet well before your death. “People are living longer and many older people are alone,” notes Chester B. McLaughlin, an estate planning attorney in Prescott, Arizona. “And so their pets become incredibly …
Is Busking Legal in Denver?
Busking in Denver is legal as protected free speech, but some activities require a permit. Street performing is generally allowed under the First Amendment, but performers cannot block or obstruct a public sidewalk, and there are time, place, and manner limits. Denver ordinances include donation solicitation and vending distinctions, which require a permit application. Busking on the 16th Street Mall has specific rules, including amplification limits under noise ordinances, and is subject to a …
A Walk-Through of the Mediation Process
The court system has an adversarial structure. Generally, there is a winner and a loser, and the results of a court order or final decision are unpredictable. The litigation process can also be time-consuming and expensive. Mediation is an alternative to formal court proceedings. Benefits of mediation include time and cost savings, individualized outcomes, and confidentiality. Mediation is useful for a wide range of legal issues, including: Family law matters such as divorce and child custody …
When You Hit the Jackpot, So Does the IRS
Hitting it big at a casino to ride off into the sunset with stacks of cash is a fairly common dream. And like many dreams, it’s largely rooted in fantasy. But if you plan to try your luck, and before imagining your new home or yacht, consider the tax implications with the help of a tax lawyer. Reporting Requirements for Gambling Winnings The Internal Revenue Service (IRS) requires casinos to report federal taxes if your winnings are over certain thresholds: $600 or more on sweepstakes, …
Gun Trusts Allow You To Legally Pass Down Your Firearms
With each passing year, the regulations on firearms become more stringent for gun owners. While these regulations and prohibitions loom in the distance, responsible firearms owners can protect themselves and loved ones from being subject to search and seizure of a gun collection through something called a gun trust. What Is a Gun Trust? Gun trusts are a legal vehicle to allow you and your family to enjoy and fire many of the items that the National Firearms Act (NFA) have regulated. These types …
What Should I Do if I Find Errors in My Credit Report?
If you find errors in your credit report, immediately report the errors to the three main credit bureaus. The Fair Credit Reporting Act (FCRA) protects credit information, and consumers can file a dispute letter addressing inaccurate data. FRCA rights also provide an investigation process and dispute resolution process to resolve reporting errors. Credit report errors can result in denied credit, a lower credit score, or higher interest rates from creditors. Consumers can initiate a credit …
California’s Conservatorship Laws Aim to Help Those Most in Need
In October 2023, California Gov. Gavin Newsom signed Senate Bill 43, updating California’s conservatorship laws to make individuals eligible for conservatorship who cannot provide for their own safety or necessary medical care due to severe substance use disorder or serious mental health illness eligible for conservatorship. SB 43 went into effect on January 1, 2024. Here’s what you need to know about conservatorship in California. What Are Conservatorships Used for in California? A …
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