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.
How To Fight Overseas Cybersquatters
As your business grows and becomes more successful, you’re at increasing risk of becoming a target of cybersquatting — that is, the practice of registering well-known names as internet domains with the aim of reselling them at a profit. Intellectual Property Law in Different Countries Laws are different in other countries, and this is especially true in the area of intellectual property and the protections that many businesses rely upon. Cybersquatting has become a lucrative practice in …
Can I Perform a Citizen’s Arrest in Ohio?
Most private citizens like to think they’d do the right thing in the face of danger. As children, many dream of being superheroes, solving crimes and keeping the world safe from evil forces. And as adults, some join neighborhood watches and other civic organizations. But what happens if you see a crime being committed in Ohio? Can you stop it? It's easier when you have an attorney by your side. Citizen's Arrest Law The law states that, when a felony has been committed or there are reasonable …
How Do Mistrials Work?
You may have seen, on TV, a courtroom drama where a defense attorney objects, over and over, while the prosecution builds their case. When the smoking gun is revealed, the defense attorney leaps to their feet, shouting, “Objection, your honor! I demand a mistrial!” But what does that mean? This article will delve into that answer, but there's no replacement for the knowledge that comes through speaking to your own, dedicated attorney. What Is a Mistrial? Mistrials are trials that are …
Why Would You Need an Agriculture Attorney?
The lawyers who keep the farming industry running and help sustain billions of Americans each day are called agriculture attorneys. But what does an ag law attorney actually do? “It touches upon every area of law,” says Cari Rincker, one such agricultural lawyer. “It’s just in a specific industry. I tend to do transactional work on a national scale: Business planning and contracts, estate planning and compliance issues, federal permit issues, zoning issues, easement concerns — all in …
An Intellectual Property Lawyer May Save Your Idea
When you have a flash of brilliance and think you have something innovative that the world needs, your best move may not be to your laboratory or workshop to make sure you can make it happen. Instead, your first call should be to a lawyer who can help protect your intellectual property rights. A Patent Lawyer Can Put Your Invention on a Solid Legal Foundation “We offer a freedom to operate analysis, where a client will say, ‘We are designing this product and want to make sure that we …
How Often Should I Review My Company’s Employee Benefits Plan?
With each passing year, every business should examine its employee benefit plans. This includes retirement plans, health insurance, and other types of benefits. But business owners are busy. Keeping up with benefits law isn't at the top of the list for most business owners. Outdated benefit plans could mean your business loses top talent or is as seen as out of step with industry standards. Lack of compliance with employee benefit plan can also result in civil liability, financial penalties, …
A Doctor's Toolkit for Medical Malpractice Defense
With every patient’s life in their hands, doctors have to be held to a high standard. But should we demand perfection out of our health care providers? “There are certain requirements a plaintiff needs to meet before they sue a doctor or a hospital,” says medical malpractice defense attorney Lisa M. DeLeon. “The public policy reasons behind this are the state and the law recognize that doctors and hospitals have difficult jobs, and so anyone going after them must meet procedural and …
When You Need an Employee Benefits Attorney
It’s hard as a business owner to know exactly where your resources should be allocated. Both time and money are required to protect your future and to repair the mistakes of the past. With all of the facets of your business, what is most essential? Malaika Caldwell says employee benefits plans should be on the top of the list. “People call me on an annual basis to ensure compliance with all of the regulations,” says Caldwell, an employee benefits attorney. The Employee Retirement Income …
Transgender-Inclusive Health Care: Law and Company Policies
Employers must periodically evaluate their employee benefits packages for compliance under federal and state law. One often overlooked area is transgender-inclusive benefits. Some states have strong healthcare protections for transgender individuals. Other states explicitly allow insurance companies to refuse gender-affirming care. To make sure your healthcare benefits and policies comply with state and federal laws, talk to a labor and employment lawyer. Understanding Transgender-Inclusive …
When Do I Need an Employment Attorney?
If you own a business with employees, or are contemplating adding more employees to your established business, you should probably have already reached out to an attorney. “Labor and employment is a very unique practice area of the law, because on top of the generalized employment litigation, we spend a decent amount of time counseling companies with their concerns to prevent legal issues from arising, says Illinois attorney Erinn Rigney. “Business owners should be just as proactive in …
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